June 28, 2007

What the "Bong Hits" case could mean for college speech codes

Eugene Volokh wonders if Clarence Thomas' concurrence in the "Bong Hits" case could be applied to universities and their constant hunger for restrictive speech codes. I find that I agree with commenter "John":

I must say I thought his opinion was very interesting and, frankly, persuasive, but it depended in large part, I thought, on the historic concept of in loco parentis, where the school is given the child on the understanding that the school, like the parent transferring custody, has the power to control conduct (including speech) to the same extent as the parent. It is a sort of waiver of whatever the child's rights might otherwise have been. I'm not sure the parent "transfers" a college student with the same understandings.
Posted by Hube at June 28, 2007 10:03 AM | TrackBack

Comments  (We reserve the right to edit and/or delete any comments. If your comment is blocked or won't post, e-mail us and we'll post it for you.)

Persuasive to me as well, Hube. Good point!

Like any good parent, the reasons for restrictive actions need to be clearly explained, backed up by a thoughtfully drawn code of conduct.

Posted by: Perry Hood at June 28, 2007 11:27 AM