Communication Law and Policy class. UNO Fall 2018

1. Freedom of Speech:
Public High School
Students
by: Phillip Lemen

2. Brief History
• Tinker v. Des Moines - defined the constitutional
rights for students in public schools. Black arm
band protest during the Vietnam War. 1960’s.
• Morse v. Frederick - 2007, “Bong Hits 4 Jesus.”
Showed Tinker case not always in favor of
student.
• Communication and the Law (2018) textbook.
• Social Media and the Law (2017) textbook.

3. Recent Cases
• R.O. v. Ithaca City School District - High school
newspaper published stick figure cartoon on sex
education. In favor of the faculty’s removal of it
because “limited public forum”.
• Bell v. Itawamba County School Board - Student
posted rap lyrics about teachers made off-
campus and posted online. Not in favor of
student’s rights because threatening.

4. Law Reviews
• Varel (2013): off-campus internet activity for
students… should be regulated or not?
• Penrose (2014): looks at collegiate athletes and
their coaches regulating their social media use.

5. Conclusion/Summary
• School policies vs. First Amendment.
• Looking into the future, how use of social media
will alter and change certain laws for students.
• Focused on the public school setting, mainly high
school but also incorporated college level.