Keywords
School Shooting Threats, Tinker, True Threats, Federal Courts, First Amendment
Document Type
Article
Abstract
This legal review provides a general synopsis of selected school shooting threat cases processed in U.S. Federal courts and specifically emphasizes the interpretive mechanisms employed by judges during the adjudicatory process. Approximately 29 federal cases involving school shooting threats are reviewed, and six different legal tests and rules commonly used by federal courts are discussed in detail. Among other findings, descriptive statistics reveal that a majority of courts employed the Tinker rule when analyzing threats (72.4%) and that the majority of cases involved the application of a single test (72%). Select cases are then discussed which highlight the application of different tests within the context of the First Amendment. The implications of these tests in relation to school shooting threats are explored and directions for policy and future research are discussed.
Digital Object Identifier (DOI)
https://jcjl.pubpub.org/pub/v5i210ctq8d7
Recommended Citation
Comer, Benjamin P.
(2022)
"Supreme Court Jurisprudence and School Shooting Threats: A Legal Review,"
Journal of Criminal Justice and Law: Vol. 5:
Iss.
2, Article 2.
DOI: https://jcjl.pubpub.org/pub/v5i210ctq8d7
Available at:
https://research.library.kutztown.edu/jcjl/vol5/iss2/2