{"title":"孩子们在哭泣和死亡,而最高法院却在隐藏:为什么公立学校应该有广泛的权力来规范校外欺凌“言论”。","authors":"Jennifer Butwin","doi":"","DOIUrl":null,"url":null,"abstract":"<p><p>Bullying has long been a concern for students, parents, teachers, and school administrators. But technological advances--including the internet, cell phones, and social media--have transformed the nature of bullying and allow \"cyberbullies\" to extend their reach far beyond the schoolhouse gate. The U.S. Supreme Court established that schools may regulate on-campus speech if the speech creates a substantial disruption of, or material interference with, school activities. However, the Court has yet to rule on a school’s ability to regulate students' off-campus bullying speech. This Note examines how various courts have approached the issue, analyzes the current circuit split, and ultimately proposes that schools should have the authority to discipline students for off-campus bullying speech.</p>","PeriodicalId":47517,"journal":{"name":"Fordham Law Review","volume":"87 2","pages":"671-701"},"PeriodicalIF":1.0000,"publicationDate":"2018-11-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"Children are Crying and Dying while the Supreme Court is hiding: Why Public Schools Should Have Broad Authority to Regulate Off-Campus Bullying \\\"Speech.\\\"\",\"authors\":\"Jennifer Butwin\",\"doi\":\"\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"<p><p>Bullying has long been a concern for students, parents, teachers, and school administrators. But technological advances--including the internet, cell phones, and social media--have transformed the nature of bullying and allow \\\"cyberbullies\\\" to extend their reach far beyond the schoolhouse gate. The U.S. Supreme Court established that schools may regulate on-campus speech if the speech creates a substantial disruption of, or material interference with, school activities. However, the Court has yet to rule on a school’s ability to regulate students' off-campus bullying speech. This Note examines how various courts have approached the issue, analyzes the current circuit split, and ultimately proposes that schools should have the authority to discipline students for off-campus bullying speech.</p>\",\"PeriodicalId\":47517,\"journal\":{\"name\":\"Fordham Law Review\",\"volume\":\"87 2\",\"pages\":\"671-701\"},\"PeriodicalIF\":1.0000,\"publicationDate\":\"2018-11-01\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Fordham Law Review\",\"FirstCategoryId\":\"90\",\"ListUrlMain\":\"\",\"RegionNum\":3,\"RegionCategory\":\"社会学\",\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"Q2\",\"JCRName\":\"LAW\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Fordham Law Review","FirstCategoryId":"90","ListUrlMain":"","RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q2","JCRName":"LAW","Score":null,"Total":0}
Children are Crying and Dying while the Supreme Court is hiding: Why Public Schools Should Have Broad Authority to Regulate Off-Campus Bullying "Speech."
Bullying has long been a concern for students, parents, teachers, and school administrators. But technological advances--including the internet, cell phones, and social media--have transformed the nature of bullying and allow "cyberbullies" to extend their reach far beyond the schoolhouse gate. The U.S. Supreme Court established that schools may regulate on-campus speech if the speech creates a substantial disruption of, or material interference with, school activities. However, the Court has yet to rule on a school’s ability to regulate students' off-campus bullying speech. This Note examines how various courts have approached the issue, analyzes the current circuit split, and ultimately proposes that schools should have the authority to discipline students for off-campus bullying speech.
期刊介绍:
The Fordham Law Review is a scholarly journal serving the legal profession and the public by discussing current legal issues. Approximately 75 articles, written by students or submitted by outside authors, are published each year. Each volume comprises six books, three each semester, totaling over 3,000 pages. Managed by a board of up to eighteen student editors, the Law Review is a working journal, not merely an honor society. Nevertheless, Law Review membership is considered among the highest scholarly achievements at the Law School.