ERIC Number: ED169655
Record Type: Non-Journal
Publication Date: 1978
Reference Count: N/A
Freedom of Speech Rights of Public School Students.
This paper discusses the legal aspects of public school students' First Amendment free speech rights in the school setting. Tinker v. Des Moines School District, the most notable court decision upholding free speech rights, is used as a basis for discussion throughout. The paper reviews the current legal status of students' free speech rights as seen in post-Tinker Vietnam-related cases and race-related cases. Also discussed are students' rights to receive information and to refuse to participate in the flag salute. One section details problems involved with prohibiting the wearing of T-shirts with messages. The paper concludes that schools can prohibit the wearing of buttons and other emblems and insignia, picketing, the wearing of message-bearing clothing, and any speech that promotes diversion, disruption, or interference with the normal operation of the school. However, serious constitutional problems arise when schools limit rights protected by the First Amendment, such as freedom of expression and the communication of ideas. Decisions must be made on a case-by-case basis. (Author/LD)
Descriptors: Court Litigation, Freedom of Speech, High School Students, Secondary Education, Student Rights
Not available separately; See EA 011 530
Publication Type: Legal/Legislative/Regulatory Materials; Opinion Papers; Speeches/Meeting Papers
Education Level: N/A
Authoring Institution: National Organization on Legal Problems of Education, Topeka, KS.
Identifiers - Laws, Policies, & Programs: First Amendment; Tinker v Des Moines Independent School District