This analysis will begin with an examination of the historical bases for the state's educational authority and the traditional limitations placed on this authority by the courts. Next, the genesis of students' rights will be reviewed along with the restrictions the growth of these rights has imposed upon school board authority. The paper will then turn to the Pico case itself - surveying the various judicial approaches taken in balancing the interests of school board authority and students' rights and scrutinizing these approaches for the proper theoretical framework for student first amendment rights analysis. Finally, the paper will examine the uneasy resolution of the Pico problem in the Supreme Court and attempt to draw some broad principles from the fragmented decision regarding the scope of school board authority.
McCann, Joseph D.
"School Board Authority and First Amendment Rights: The View After Board of Education, Island Trees v. Pico,"
Akron Law Review: Vol. 18:
2, Article 6.
Available at: https://ideaexchange.uakron.edu/akronlawreview/vol18/iss2/6