FIRE is pleased to post a law review article by Kelly Sarabyn, FIRE’s Robert H. Jackson Legal Fellow, entitled The Twenty-Sixth Amendment: Resolving the Federal Circuit Split Over College Students’ First Amendment Rights. The article, previously published by The Texas Journal on Civil Liberties and Civil Rights, offers a refutation to colleges who justify the censorship of student speech by claiming they possess the in loco parentis powers of grade schools. Given the current encroachments on university students’ free speech rights, remembering the historical understanding of the Twenty-Sixth Amendment provides a timely reminder that university students are overwhelmingly adults and should be treated as such.
