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St. Thomas Law Review

First Page

1

Document Type

Article

Abstract

The focus of this article is to move the awareness of the ability to expand individual rights in the state domain one step further, into the legislative arena; to examine efforts to overcome judicial restrictions under the United States Constitution not simply through an increased use of state judicial remedies but, in instances where that option may fall short or may not be the best alternative, through action in the individual state legislatures. As a means of studying this procedure, this article will focus on a particular Supreme Court decision that limited a previously existing right under the Bill of Rights, the right of students to freely express themselves in the public school environment. Part I of this article will discuss that case, Hazelwood School District v. Kuhimeier" and its legal significance. Part II will examine the application of that ruling by federal and state courts. Part III will discuss state constitutions and the freedom of expression generally, and Part IV will look at the legislative options and, in particular, evaluate several successful state initiatives intended to overcome the Hazelwood ruling. Finally, Part V will offer model legislation and suggest strategies for achieving such legislation.

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