Why Do Public Students in High School Get More Free Speech Protection Than in Universities? A Comparative Analysis of “Off-Campus” Free Speech in Secondary School and Post-Secondary Public Schooling

Litigation attorney Maddie Fenton authored an article featured in the University of Pennsylvania Journal of Constitutional Law exploring the current landscape of First Amendment free speech protections, specifically comparing the “off-campus” rights of public students in high school versus college. This paper examines two cases within the context of the Tinker test developed for student free speech in 1969.

READ: Why Do Public Students in High School Get More Free Speech Protection Than in Universities? A Comparative Analysis of “Off-Campus” Free Speech in Secondary School and Post-Secondary Public Schooling