ERIC Number: ED358521
Record Type: Non-Journal
Publication Date: 1992-Dec-10
Reference Count: N/A
Student Expression: The First Amendment Does Not Protect Everything. (Student Newspapers, Handouts, Protests, Gangs, and Hate Speech).
Richards, Joe B.
The U.S. Supreme Court decision in "Hazelwood School District v. Kuhlmeier" established that a public high school newspaper, produced by students in a journalism class, is not a forum for public expression. The Court said that although school board policy specified that student free speech would not be restricted, other factors concerning the newspaper's publication made oversight by the principal allowable. This decision established educators' right to exercise editorial control over school-sponsored publications as long as the actions served legitimate teaching concerns. In "Tinker v. Des Moines Independent School District," the Court established that schools may punish student expression only when it substantially disrupts school activities. Two cases, "Rivera v. East Otero School District" and "Hemery v. School Board of Colorado Springs," defined how schools may regulate the distribution of religious materials. The Eugene, Oregon, school district used the "Tinker" precedent to support its decision to keep out of school a student who was a gang member. In the area of hate speech, "Bethel School District 403 v. Fraser" established that students' free speech rights must be balanced against teaching students socially appropriate behavior. (JPT)
Publication Type: Speeches/Meeting Papers; Opinion Papers
Education Level: N/A
Authoring Institution: N/A
Identifiers - Laws, Policies, & Programs: Bethel School District 403 v Fraser; First Amendment; Hazelwood School District v Kuhlmeier; Tinker v Des Moines Independent School District