Assignment

For this assignment, students will research and write a 8-10 (typed) page paper on a current legal issue in higher education relating to students' First Amendment free speech rights in public institutions of higher education. The goal of this assignment is to develop legal reasoning skills in analyzing current case law relating to First Amendment student speech issues.

Student Free Speech Topics:

TOPIC: Student Speech in an Academic Context

The topic papers will involve several components including:

• Introduce the type of free speech (e.g. press, formation of student groups, etc.) that you have selected for your research project. Define and briefly discuss the First Amendment and its applicability to public institutions. Be sure to include and define any legal concepts, principles, or terms that are relevant to your topic.

• Generally, introduce and explain each of the following: a) the criteria for protected and unprotected speech, b) context of speech, and c) reasonable regulation of speech. Students may also briefly discuss the early cases such as Tinker (1969), Healy v. James (1972), etc. which set the legal framework for student speech issues.

• Provide a substantive discussion of 3-4 court recent cases (preferably within the past 5-10 years) involving student free speech issue(s) which have occurred in a post-secondary context (i.e. 2 year and 4 year institutions). In discussing each case, students should include: a) facts of the case, b) issue(s), c) rationales, and d) judicial opinions.

• Discuss the implications of the cases you have reviewed for post-secondary educational contexts. What is the Court's posture and legal reasoning on these issues?

• Provide a set of "best practices" concerning professional practice in student affairs and effective institutional management (i.e. How can public colleges and universities protect students' free speech rights? How can institutions avoid unnecessary litigation? What can student affairs professionals do to avoid violating student's free speech rights?)

Format Guidelines:

Topic papers should include a minimum of 6-8 scholarly, peer-reviewed sources (e.g., Journal of Law and Education) in completing this assignment. A list of scholarly, peer-reviewed resources are listed on the last page of your course syllabus. Students may also use articles from The Chronicle of Higher Education.