Student expression

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Student Expression

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Student expression

  1. 1. Freedom of Expressionin Schools
  2. 2. Main Categories• Middle/high school v. College• Public v. Private School
  3. 3. Tinker v. Des Moines (1969)Provided a very high level of protection for student expression•It’s OK as long as it doesn’t disrupt others’ education
  4. 4. Bethel S.D. v. Fraser (1986)
  5. 5. Hazlewood v. Kuhlmeier(1988)•Class v. Extracurricular Activity
  6. 6. Morse v. Frederick (2007)
  7. 7. Majority opinion:School has a right/responsibility “to educate students about the dangersof illegal drugs and to discourage their use.”Principal’s failure to act “would send a powerful message to the studentsin her charge, including Frederick, about how serious the school wasabout the dangers of illegal drug use.”Morse—Majority Opinion
  8. 8. “In light of the history of American public education,it cannot seriously be suggested that the FirstAmendment "freedom of speech" encompasses astudents right to speak in public schools. Earlypublic schools gave total control to teachers, whoexpected obedience and respect from students. Andcourts routinely deferred to schools authority tomake rules and to discipline students for violatingthose rules.”“In my view, the history of public education suggeststhat the First Amendment, as originally understood,does not protect student speech in public schools.”Clarence ThomasThomas—in Morse
  9. 9. “Encouraging drug use might well increase the likelihood that a listenerwill try an illegal drug, but that hardly justifies censorship. . . .[C]arving outpro-drug speech for uniquely harsh treatment finds no support in our caselaw and is inimical to the values protected by the First Amendment.”“Admittedly, some high school students (including those who use drugs)are dumb. Most students, however, do not shed their brains at theschoolhouse gate, and most students know dumb advocacy when theysee it. The notion that the message on this banner would actuallypersuade either the average student or even the dumbest one to changehis or her behavior is most implausible.”Stevens dissent:
  10. 10. Other Issues• Is it a public forum?• FERPA• Access to Crime Reports• Free Speech Zones• Speech Codes• Internet

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