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- Title
Cuff ex rel. B.C. v. Valley Central School District: The Battle Between Safety and Liberty in an Era of Student Violence.
- Authors
Marquis, Christopher
- Abstract
On March 22, 2012, in Cuff ex rel. B.C. v. Valley Central School District, the U.S. Court of Appeals for the Second Circuit held that suspending a student for writing a wish to blow up the school did not violate the student's First Amendment right of expression. The court concluded that the suspension satisfied the substantial disruption test outlined by the Supreme Court in Tinker v. Des Moines Independent Community School District. The Second Circuit, however, could have reached the same result without undermining student speech protections by applying the Supreme Court's narrower standard presented in Bethel School District Number 403 v. Fraser, which allows restrictions on certain types of speech based on the school's role in teaching students societal values. Applying the Fraser standard in this case would have given school officials the tools necessary to protect students from violence, while preserving the students' free speech rights.
- Subjects
UNITED States; PREVENTION of school violence; UNITED States. Court of Appeals (2nd Circuit); STUDENT rights; TINKER v. Des Moines Independent Community School District; LEGAL status of students; UNITED States. Constitution. 1st Amendment; FREEDOM of expression lawsuits; STUDENT speech; ACTIONS &; defenses (Law)
- Publication
Boston College Journal of Law & Social Justice, 2013, Vol 33, Issue 3, p39
- ISSN
2165-5235
- Publication type
Article