Student Speech Rights

Under the ruling in Hazlewood, any publication that a school funds—such as a yearbook—can be censored for any reason.

No, because it is a limited public forum

Papish v. University of Missouri (410 U.S. 670) opened the door wide for student speech by ruling that "...the dissemination of ideas, no matter how offensive, on a ______________________ university campus may not be shut off in the name alone of _____________________of _________________________.

state conventions of decency

In the landmark student free speech case Tinker v. Des Moines (393 U.S. 503), the court ruled that what type of speech was acceptable in a public-school setting?

symbolic

The Supreme Court says this kind of speech is "akin to pure speech."

symbolic speech

According to the class lecture, in the Tinker case the court left the door open a crack and that has allowed the court to undo some of the freedoms this case provided. What, specifically, did the court say that left the door open a crack?

speech can be limited if it interferes with appropriate discipline. That student speech right are not coextensive with adult speech rights off campus,

Basically when it comes to limiting student speech what are the two things that the court always seems to come back to? (These are the things I told you to be sure you know for the exam. Remember those?)

1. Does it disrupt education in the school? 2. Does it impact legit teaching/educational concerns?

Detail the 4 main facts of the Morse vs Frederick case

1. Schools at Juneau, Alaska High was out so the students could watch the Olympic Torch Passing 2. Frederick was not at school that day because of bad weather and he called the school so he was excused 3. He showed up to the Torch passing and he and his friends stood on the sidewalk holding up a banner. 4. President Morse ran across the street, grabbed the banner, crumpled it up and suspended Frederick for 10 days. Even though he was not on school campus at the time of the incident.

Hazelwood v. Kuhlmeier (484 U.S. 260) limited student speech further by permitting censorship if what two conditions are met?

1. if the speech caused educational/teaching concerns 2. if the speech occurred in a school sponsored expressive activity

Policies that target offensive or disfavored speech are unconstitutional because they reduce the exchange of ideas based on content. What are these policies known as?

Campus speech codes

What did the Masters case use to decide that threatening someone angrily while at work was not permissible speech in a school?

Chaplinsky

According to the reading, in cases where federal law regarding the need to limit things like hostile work environments, discrimination and harassment conflicts with the First Amendment...

First Amendment

Schools are limiting speech in school—boobies bracelets, MAGA hats, Black Lives Matter apparel—on the grounds that it will disrupt the educational atmosphere. Does this seem to be valid to you, or do you think it's really more of a move by schools to limit ideas they do not like? Please explain your thinking.

I think this is valid because these items have the possibility of inciting disruption in schools. For example, if someone was wearing a MAGA hat there is a chance that someone who is Anti-Trump might feel offended and either tease the person, try to destroy the hat, or say something about it. This could be disruptive. Or, for example, with the boobies bracelet some of the younger guys or even older guys may find the bracelets to be funny and make inappropriate comments during class times. I believe that for this reason it is best to keep political statements out of school for the most part so that people can focus on learning.

This is the case that is based on a Facebook posting in which a student was kicked out of an academic program for "unprofessional speech."

Keefe vs Adams

What was the primary rationale for the court's ruling in the "Bong Hits 4 Jesus" case?

The court said that Morse had the responsibility to police drug based messages. The principal had immunity because she was doing her job.

Bethel SD v. Fraser (478 U.S. 675) retreated from a full, wide open right for students to speak. What was the issue in Fraser—and what was the court's rationale for their decision?

The issue was that although the court claimed that it still allowed symbolic speech in school, it gave the schools power to determine what speech is acceptable. The court's rationale for this decision was that supression is okay because the speech is not political. Also, that schools could set boundaries for acceptable speech.

According to the class lecture, what are two reasons student speech rights are being limited today?

The law tends to expand and contract with the times Perhaps students have been less willing to put themselves out there

How do all-comers policies at colleges/universities endanger the ability of groups to express beliefs that they support?

They require groups to accept everyone regardless of what they believe

The California case Smith v. Novato (150 C.A. 4th 14390) said student speech could only be restricted if what would happen? What speech case that we've already gone over on class does this case borrow from?

if the speech incited disruption Brandenburg

court have designated schools as

limited speech forum

According to the reading, courts have sometimes found schools' use of filters to keep certain internet content away from students to be a violation of speech rights

true