This Note examines the constitutional limits on administrative regulation of publications by and for public high school students. Part I discusses the widely divergent standards adopted by different circuits. Part II describes the hard line the Supreme Court has taken against restraints on free expression in the adult context and the different circumstances that justify limiting freedom of expression in high schools. Part III discusses the timing of administrative regulation of student speech. This Part argues that prior restraint is constitutionally acceptable and, in fact, preferable to subsequent punishment so long as its use is governed by proper criteria. Part IV analyzes the justifications advanced by schools to support the regulation of student publications, concluding that the Supreme Court's guidelines must be read strictly to minimize encroachment on students' first amendment rights. Part V describes the need for judicial review of suppression of student speech, but concludes that the student should have the burden of challenging the regulation by filing suit.
Michigan Law Review,
Administrative Regulation of the High School Press,
Mich. L. Rev.
Available at: https://repository.law.umich.edu/mlr/vol83/iss3/4