ERIC Number: ED188220
Record Type: RIE
Publication Date: 1980-Aug
Reference Count: 0
Freedom of Expression in Public High Schools Since "Ginsberg"&"Tinker."
Huffman, John L.; Trauth, Denise M.
A review of the related cases that have been adjudicated in the United States Circuit Courts of Appeals in the decade since "Ginsberg v. New York" and "Tinker v. Des Moines Independent School District" reveals that the courts are not in agreement in delineating the First Amendment publication rights of high school students. Different circuit courts are moving in different judicial directions, each relying on its own interpretation of the standards proposed by the United States Supreme Court in "Ginsberg" and "Tinker." As a result, there exists a wide spectrum of constitutional interpretation in this area, ranging from sharply limited rights to virtually full First Amendment rights for students. Until such time as the Supreme Court sees fit to clarify its stand and explicate the area of students' First Amendment rights, the power of school authorities in regard to the rights of students will depend to a large extent on the developed law in each individual court. (FL)
Publication Type: Information Analyses; Speeches/Meeting Papers
Education Level: N/A
Authoring Institution: N/A
Note: Paper presented at the Annual Meeting of the Association for Education in Journalism (63rd, Boston, MA, August 9-13, 1980).