Thursday, October 31, 2013
Kristi L. Bowman, Michigan State University College of Law, has published The Government Speech Doctrine and Speech in Schools in volume 48 of the Wake Forest Law Review (2013). Here is the abstract.
Download the article from SSRN at the link.
According to the Supreme Court, when the government sets forth its own message, it may constitutionally quash private speakers’ attempts to alter that message. The implications of this doctrine are potentially quite far-reaching, thus this Article explores what those implications could be — and should be — in the context of public schools. After all, the government speaks a lot in schools, and the free speech rules in schools are different from the default rules in ways that already favor the government.