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Article: First Amendment - prior restraint - Seventh Circuit holds that college administrators can censor student newspapers operated as nonpublic fora. (Case note)
- Article from:
- Harvard Law Review
- Article date:
- January 1, 2006
CopyrightCOPYRIGHT 2006 Harvard Law Review Association. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan. All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information)
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FIRST AMENDMENT--PRIOR RESTRAINT--SEVENTH CIRCUIT HOLDS THAT COLLEGE ADMINISTRATORS CAN CENSOR STUDENT NEWSPAPERS OPERATED AS NONPUBLIC FORA.--Hosty v. Carter, 412 F.3d 731 (7th Cir. 2005) (en banc).
Eighteen years ago, in Hazelwood School District v. Kuhlmeier, (1) the Supreme Court held that, despite the First Amendment's protection of the freedom of the press, public high school administrators can censor school-sponsored student newspapers that are nonpublic for a (2) if the censorship is reasonably related to legitimate pedagogical concerns. (3) The Court, however, expressly refrained from deciding whether college and university administrators have the same ...