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Hastings Communications and Entertainment Law Journal

Abstract

Free expression rights guaranteed to high school students vary widely across America. High school student journalists' first amendment rights were drastically curtailed recently by the United States Supreme Court in Hazelwood v. Kuhlmeier, but California has enacted a statute giving substantial free speech protection to public school students. The author analyzes legal standards articulated by the U.S. Supreme Court, the California legislature, and California courts, applying both federal and California standards to a variety of student expressive media. The author concludes that both standards could be improved by requiring schools to adopt written guidelines and suggests criteria for such guidelines.

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