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ERIC Number: ED312640
Record Type: Non-Journal
Publication Date: 1989-Aug
Pages: 44
Abstractor: N/A
Reference Count: N/A
ISBN: N/A
ISSN: N/A
The Search for a Standard for Evaluating Alleged Infringements of Public High School Student Expression.
Millard, Kristine Snow
This paper reviews the standards by which alleged infringements by administrators of free expression in public high school newspapers may be judged. Part one of the paper provides a background for the discussion, describing the role the First Amendment has played in public high schools and standards for evaluating alleged infringements of student expression. Part two discusses the specific First Amendment challenges students have brought as a result of restrictions on their speech. Part three explains the use of the public forum doctrine and the "Tinker" standard to analyze such allegations. Part four sets forth the "Hazelwood" decision, explaining and analyzing first the Supreme Court's determination that the newspaper was not a public forum, and second, th court's holding that distinguished "Tinker" and rejected its application to the "Hazelwood" facts, and third, examining the standard set forth by the court. Finally, part five predicts the potential impact of the "Hazelwood" decision upon both public high school-sponsored and underground student newspapers. Two hundred ten notes are included. (SR)
Publication Type: Speeches/Meeting Papers; Information Analyses
Education Level: N/A
Audience: N/A
Language: English
Sponsor: N/A
Authoring Institution: N/A
Identifiers - Laws, Policies, & Programs: First Amendment; Hazelwood School District v Kuhlmeier; Tinker v Des Moines Independent School District