The Twenty-Sixth Amendment: Resolving the Federal Circuit Split Over College Students’ First Amendment Rights
I. INTRODUCTION 28II. LEGAL DOCTRINE GOVERNING THE UNIVERSITY’S REGULATION OF STUDENT SPEECH 33 A. Current Threats to Free Speech on the University Campus 33 B. The Court’s Deference to Primary and Secondary Schools’ Regulation of Student Speech 35 C. The Court’s Ambiguous Application of Secondary Standards to Universities 40 D. The Federal Circuit Split on University Students’ Speech Rights 44III. CLARIFYING THE DOCTRINE: IN LOCO PARENTIS AND THE TWENTY-SIXTH AMENDMENT 49 A. In Loco Parentis and Diminished Constitutional Rights 49 B. Childhood, Voting, and Full Citizenship 51 C. The History of the Twenty-Sixth Amendment 55 D. The Changing Legal Status of the University and the Twenty-Sixth Amendment 65IV. THE INCORPORATED TWENTY-SIXTH AMENDMENT AND THE FIRST AMENDMENT 72 A. Reading the Constitution: the First, Fourteenth, and Twenty-Sixth Amendments 72 B. Legal [...] » Read More
Category: Legal Scholarship
Reaction to Brandeis University’s plan to close the Rose Art Museum and sell its esteemed collection was swift—and scathing. Within the Brandeis community, President Jehuda Reinharz’s proposed fire sale provoked howls of betrayal from students, faculty, alumni, and donors. In the art world and news media, the move was met with blistering condemnation. Even the Massachusetts attorney general’s office launched an investigation.
The press reported that Michael Rush, the Rose’s director, expressed "shame and deep regret" at the university’s plan. (Adding insult to injury, Rush was notified of Reinharz’s plan just an hour before the press release was issued.) In Rush’s [...] » Read More
Comment from the Foundation for Individual Rights in Education on the “Declaration on Freedom of Expression and Inquiry at Tufts University”
The Foundation for Individual Rights in Education (FIRE) is pleased that Tufts University has decided to renew its commitment to freedom of expression. Unfortunately, the draft "Declaration on Freedom of Expression and Inquiry at Tufts University" fails to adequately protect freedom of expression at Tufts and will, in all likelihood, invite more censorship and uncertainty while discouraging robust debate, candor, and dissent. The policy’s most fundamental flaws are, first, that it fails to inspire students and faculty to value freedom of expression, and second, that its support for freedom of expression is far too equivocal.
The draft Declaration on Freedom [...] » Read More