ERIC Number: ED095558
Record Type: Non-Journal
Publication Date: 1974-Aug
Reference Count: N/A
Prior Restraint in High School: Does It Violate Students' First Amendment Rights?
Trager, Robert E.
The Supreme Court of the United States has issued three significant rulings on the question of prior restraint by government officials of material to be published in print media. Each time it ruled that only in exceptional circumstances will prior restraint be permitted. Lower federal courst have not taken the same view regarding prior restraint in public high schools. Several have held that school officials may censor material before publication in high school student newspapers or periodicals, whether school-sponsored or not. However, one Circuit Court of Appeals has taken a strong stance in opposition to high school precensorship, holding that while punishment may be imposed after publication of material that is not otherwise protected, prior restraint is permitted on the secondary level only under highly unusual conditions. While school officials may establish reasonable rules regarding time, place, and manner of distribution of student publications, a reading of the Tinker case indicates that prior censorship may not be permissible in the high school. The conflict among the Circuit Courts of Appeals, however, seemingly can only be resolved by the Supreme Court. (Author/TO)
Publication Type: Speeches/Meeting Papers
Education Level: N/A
Authoring Institution: N/A
Identifiers - Laws, Policies, & Programs: Tinker v Des Moines Independent School District