Test 1: 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

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?

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

1. Is it a school sponsored expressive activity 2. Is the move to censor related to legitimate teaching to educational concerns

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

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?

Fraser gave a speech that was filled with innuendo. The speech was distruptive, and not political (though it was given at a student election)...therefore schools can set the tone for acceptable speech.

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 v. Adams

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?

Speech must incite disruption....and this is similar to the ruling in Brandenburg

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

Symbolic Speech

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? (NOTE: please give me the answer in the court decision, not the later additions that came from the application of Tinker to other cases.)

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?

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

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

The court tried to bound their decision by stressing the message appeared to advocate drug use. And administrators have the responsibility to police drug-based messages.

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 anyone as a part of the group, even if they do not share the group's beliefs

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 or False)

True

In trying to find a rationale to protect student speech, courts have defined schools as what, according to the reading?

a limited public forum

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...

the First Amendment is to be prioritized

Please detail the facts of the case Morse v. Frederick (551 U.S. 393). There were four main points we discussed in class. These are what I'm looking for.

¤School at Juneau, Alaska High was released so students could watch the Olympic torch pass. ¤Frederick wasn't at school that morning due to bad weather, and called in to let the school know, so he was formally excused. ¤He did show up to the torch passing and he and his friends took up residence on a public sidewalk. They held up the banner. ¤Principal Morse (who was not Frederick's free speech pal either) ran across the street, grabbed the banner, crumpled it up and suspended Frederick for 10 days, despite the fact that he was officially not in school and that school was also out of session.