3rd Cir. strikes down hostile-environment-based speech code in K- 12 schools

Volokh, Eugene VOLOKH at MAIL.LAW.UCLA.EDU
Mon Feb 19 18:58:47 PST 2001


        Saxe v. State College Area School District,
http://laws.findlaw.com/3rd/994081.html (3rd Cir. Feb. 14), struck down a
hostile-environment-based speech code in *K-12 schools*.  Several earlier
decisions had struck down campus speech codes at government-run colleges and
universities, but this decision holds that even the more relaxed Tinker
standard applicable to K-12 schools doesn't give the government the power to
impose speech codes as broad as the one in this district.

        The case also has some interesting dictum related to free speech and
workplace harassment law.

        Eugene

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