The Texas Tech University School of Law Digital Repository

The Hate Speech Conundrum and the Public Schools

Show simple item record

dc.contributor.author Myhra, Alison
dc.date.accessioned 2010-04-21T14:11:20Z
dc.date.available 2010-04-21T14:11:20Z
dc.date.issued 1992
dc.identifier.citation 68 N.D. L. Rev. 71 en_US
dc.identifier.uri http://hdl.handle.net/10601/632
dc.description.abstract This article argues that the public elementary, junior high (or middle), and senior high schools, as both a prescriptive matter and a descriptive matter, constitutionally may regulate student hate speech in order to effectuate the constitutional values of equality and free speech. We must support schools in their efforts to combat hate speech and its underlying causes of prejudice and intolerance. Part II articulates the characteristics of colleges and universities and their students, contrasts the unique characteristics of the public schools and their students, and describes the harms inflicted by verbal assaults. Part II also describes the proffered justifications for hate speech regulations at the college and university level. The justifications establishing the constitutional permissibility of hate speech regulations at colleges and universities, justifications based upon doctrine governing adults and their activities, also sustain hate speech regulations promulgated by the public schools. Restrictions on speech that may be imposed on adults in the world-at-Iarge may be imposed without question on children who are students in the public schools. Part III proposes that normative educational values require regulation and, further, that specific constitutional doctrines fixing the boundaries of First Amendment freedoms within the public schools allow for regulation of hate speech in the public schools. en_US
dc.publisher North Dakota Law Review
dc.relation.uri http://heinonline.org/HOL/Page?handle=hein.journals/nordak68&collection=journals&id=75&men_hide=false&men_tab=citnav
dc.relation.uri https://a.next.westlaw.com/Document/I7ae080115a2311dbbe1cf2d29fe2afe6/View/FullText.html
dc.subject Public school en_US
dc.subject Hate speech en_US
dc.subject Free speech en_US
dc.title The Hate Speech Conundrum and the Public Schools en_US
dc.type Article en_US


Files in this item

Files Size Format View
myhra5.pdf 2.488Mb PDF View/Open

This item appears in the following Collection(s)

Show simple item record

Search ScHOLAR

Browse

My Account