The First Amendment and the Great College Yearbook Reckoning

I advance my argument in three parts. In Part I, I discuss the law as it currently applies to student publications. I begin by briefly addressing the law as it applies to student publications in high schools as a way of demonstrating the lack of clarity in the law as it applies to student publications on college campuses. I then discuss the current state of speech regulation for student publications, including yearbooks, on college campuses.

In Part II, I discuss each of the categories of unprotected speech as they are currently interpreted by the Supreme Court, and I demonstrate how they fall short of protecting all students. In Part III, I suggest ways these categories of unprotected speech can be modified to better allow for the exchange of ideas on college campuses in a way that promotes inclusive environments where each student can learn and feel safe. Adopting such modifications would allow student publications to truly serve as a “marketplace of ideas” where curiosity and creative expression can thrive.