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S T U D E N T F R E E D O M O F S P E E C H

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William Allan Kritsonis, PhD …

William Allan Kritsonis, PhD
Educational Law Series - Student Freedom of Expression

Published in: Education, Health & Medicine

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Transcript

  • 1. Student Freedom of Speech William Allan Kritsonis, PhD
  • 2. Loco Parentis
    • Acting in Place of Parents
    • School Authorities are acting in Loco Parentis and are not subject to the constraints of the 4 th Amendment.
    • Before the 1960’s regulations were very lose in this area and state courts rarely and federal courts almost never got involved in student vs. school affairs regarding this.
  • 3. Symbolic Speech (1969)
    • Tinker vs. Des Moines
    • ~ Kids suspended for wearing armbands as a war protest.
    • ~ School violated 1 st and 14 th amendment rights
    • ~ Armbands were symbolic speech akin to pure speech.
  • 4. Tinker vs. Des Moines
    • Student speech cant interrupt learning; the armbands did not.
    • “Students and teachers do not shed their constitutional rights at the schoolhouse gate.”
  • 5. Lewd and Offensive Speech
    • Bethel vs. Fraser (1986)
    • ~ Student was suspended for assembly speech based on sexual metaphor.
    • ~ 1 st and 14 th amendment rights not violated
    • ~ Schools can restrict speech that under minds the basic educational mission.
  • 6. School Sponsored Speech
    • Hazelwood vs. Kuhlmeier (1988)
    • ~ Right of school to control school sponsored newspaper-experiences of 3 pregnant students and students going through divorce, in which principal took out the articles.
    • ~Articles not protected in 1 st and 14 th amendments
  • 7. School Sponsored Speech cont.
    • ~ School not required to promote controversial speech.
    • ~ School action must be reasonably related to a legitimate pedagogical concern.
  • 8. Key Points
    • Tinker- Cant suspend for an armband unless disruption or invasion of others rights
    • Bethel- Lewd speech is always unprotected.
    • Hazelwood- School Sponsored content is unprotected.
  • 9. Protected Speech
    • Must be actual or symbolic, meaningful to the school community, convey a message that is easy to understand.
  • 10. The End