This comment will discusses the problem posed by student speech made on the Internet, how free speech issues are generally addressed by courts, the Supreme Court cases that have specifically addressed the First Amendment rights of students, and factors that courts dealing with student speech made on the Internet have attempted to use in their decisions. The comment will further look at how courts have analyzed online student speech cases in light of available Supreme Court precedent, and will propose that the Court adopt a hybrid of the Tinker test when addressing student speech made on the Internet, which will distinguish between speech that has a physical connection to the school and all other instances. The Comment will also consider some supplementary ways that the First Amendment rights of students can be protected to avoid unnecessary litigation.
Katherine Hokenson, My Teacher Sux! [Censored]: Protecting Students' Right to Free Speech on the Internet, 28 J. Marshall J. Computer & Info. L. 385 (2011)