First Page
1771
Abstract
The application of the First Amendment to public universities has long been a source of confusion and frustration for both universities and courts. In particular, application of the First Amendment to student publications such as newspapers, magazines, and yearbooks has led to a great deal of litigation and controversy. The protection afforded by the First Amendment to these publications at the university level is extremely unclear and the circuit courts' inconsistent treatment of the college press has further confused the issue.
How should the First Amendment apply to public universities? An instinctive response is that a college student should enjoy the same, if not greater, protections than the average citizen. After all, "[t]he very mission of a college or university depends upon broad latitude for viewpoints in the pursuit of truth and understanding. So of all places in society where people may express controversial views, should not the university campus be the most open and speech the The application of the First Amendment to public universities has long been a source of confusion and frustration for both universities and courts. In particular, application of the First Amendment to student publications such as newspapers, magazines, and yearbooks has led to a great deal of litigation and controversy. The protection afforded by the First Amendment to these publications at the university level is extremely unclear and the circuit courts' inconsistent treatment of the college press has further confused the issue.
Recommended Citation
Jessica B. Lyons,
Defining Freedom of the College Press After "Hosty v. Carter",
59 Vanderbilt Law Review
1771
(2006)
Available at: https://scholarship.law.vanderbilt.edu/vlr/vol59/iss5/6