Part II of this Note discusses the background of First Amendment student speech cases as decided by the Supreme Court as well as a unique classification of lower court holdings. Part III focuses on Doninger v. Niehoff in detail, including the underlying facts, competing arguments, procedural history, and the District of Connecticut’s and Second Circuit’s rationale. Part IV analyzes why this case was wrongly decided and argues that the Supreme Court needs to offer more guidance to lower courts so they may apply a more consistent standard in student speech cases. Further, it suggests a framework courts should adopt in considering a minor’s First Amendment rights after school hours. Part V concludes that this case is part of an emerging area of law that will continue to create mass confusion among lower courts unless the Supreme Court sets out a universally applicable and practical standard.

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