An Introduction guidance of the European Union Law 2020_EU Seminar 4.pptx
Freedom of Speech
1. An Analysis of Current Student Expression
By: Stephannie Zambrano
2. The First Amendment is part of the United States Constitution. It is to give
the person the right to petition the government without fear of voicing their
concerns or opinions.
The courts let government officials regulate in a reasonable way when it
comes to when, where, and how people in America speak. This is only allowed
when officials have a valid reason and are not dominating ideas.
This regulates to student expression because of the denial of voiced opinions
that could propose a threat to some colleges and public schools. This all leads
to censorship in high school settings and how courts have been led to protect
students from potential harmful material online.
4. Mary Beth and John Tinker and Christopher Eckhart were suspended for
wearing black armbands in 1965 to express their opposition to the Vietnam
War.
This was a challenge legally, because the First Amendment was questioned.
The Supreme Court in Tinker did rule that this would only be punished if the
symbolic form of speech was expressed in a disruptive way in the school
environment.
Tinker relates to various cases after it was brought into court.
6. Courts related to Tinker through the 1970s and 1980s.
Hazelwood School District v. Kuhlmeier (1998) :
Hazelwood and Tinker were used not only in some cases but did not relate to one
another.
The “Hazelwood Framework”/ Public Forum Doctrine Should Apply at the College
level (Murphy, 2007).
The Supreme Court has focused on the school officials.
School Officials must be responsible to instill those values to the youth.
Related Cases:
8. “BONG HiTS 4 JESUS”
A student was expelled for passing by with the banner on school grounds.
Principal suspended student.
A case was filed by the student stating that his First Amendment was being taken
away.
Tinker, with its inspirational free-speech rhetoric, remains good law for individual
expression in the high school (Kozlowski, 2017. p. 135)
9. At public colleges, the First Amendment solves the conflict between a
university’s policies promising free speech and its unconstitutional speech-
restrictive policies. (Sarabyn, 2010).
Students in private institutions, then do not have them but that does not
mean that the students do not have the right to express themselves.
( Kozlowski, 2017, p.124)
Hundreds of public school cases during the next seventeen years were based
on Tinker and its premise that free speech should be encouraged, even in
school (Kozlowski, 2017, p.147)
10. Educators in high school argue about the standards of how the
school officials teach the youth.
Student journalists have had some success in trying to retrieve
crime information.
High school officials have been finding it easier to restrict
expression but student journalists are trying to have the
censorship revised and viewed as a public forum.
The Courts still struggle with the ever-evolving generation on
freedom of expression.
Editor's Notes
What is the First Amendment and how it regulates to student expression?
What happened with Tinker v. Des Moines?
What case related to the Tinker Case and what year?
What other cases has Tinker been a part of in court and what do people say about it?
What are the differences of freedom of speech within college campuses and private institutions?