ABSTRACT
This chapter begins with an overview of the kinds of activities that count as “speech” for First Amendment purposes, distinguishing independent student speech activities from school-sponsored student speech activities. Categories of student speech unprotected by the First Amendment are reviewed, including threats; offensive, lewd, or vulgar speech; and advocating illegal drug use. Regulatory considerations including the forum in which speech occurs; time, place, and manner restrictions; and the definition of “material and substantial disruption” are then addressed, along with problematic varieties of independent student speech (from “sexting” and “cyberbullying” to protests and online attacks on school officials). We conclude with regulations governing the use of school facilities by students and outside groups.
