The First Amendment's application to public university students: an explainer

The Supreme Court has not definitively clarified how First Amendment protections apply to public university students, leaving circuit courts divided on whether to apply the K-12 framework established in Tinker v. Des Moines Independent Community School District to higher education settings. Some circuits have applied Tinker, while others argue that college students' greater maturity and academic freedom warrant different standards. The confusion highlights a need for Supreme Court guidance, especially as campus speech controversies continue to arise.

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