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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
Educational Law Series - Student Freedom of Expression

Published in: Education, Health & Medicine
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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

  1. 1. Student Freedom of Speech William Allan Kritsonis, PhD
  2. 2. Loco Parentis <ul><li>Acting in Place of Parents </li></ul><ul><li>School Authorities are acting in Loco Parentis and are not subject to the constraints of the 4 th Amendment. </li></ul><ul><li>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. </li></ul>
  3. 3. Symbolic Speech (1969) <ul><li>Tinker vs. Des Moines </li></ul><ul><li>~ Kids suspended for wearing armbands as a war protest. </li></ul><ul><li>~ School violated 1 st and 14 th amendment rights </li></ul><ul><li>~ Armbands were symbolic speech akin to pure speech. </li></ul>
  4. 4. Tinker vs. Des Moines <ul><li>Student speech cant interrupt learning; the armbands did not. </li></ul><ul><li>“Students and teachers do not shed their constitutional rights at the schoolhouse gate.” </li></ul>
  5. 5. Lewd and Offensive Speech <ul><li>Bethel vs. Fraser (1986) </li></ul><ul><li>~ Student was suspended for assembly speech based on sexual metaphor. </li></ul><ul><li>~ 1 st and 14 th amendment rights not violated </li></ul><ul><li>~ Schools can restrict speech that under minds the basic educational mission. </li></ul>
  6. 6. School Sponsored Speech <ul><li>Hazelwood vs. Kuhlmeier (1988) </li></ul><ul><li>~ 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. </li></ul><ul><li>~Articles not protected in 1 st and 14 th amendments </li></ul>
  7. 7. School Sponsored Speech cont. <ul><li>~ School not required to promote controversial speech. </li></ul><ul><li>~ School action must be reasonably related to a legitimate pedagogical concern. </li></ul>
  8. 8. Key Points <ul><li>Tinker- Cant suspend for an armband unless disruption or invasion of others rights </li></ul><ul><li>Bethel- Lewd speech is always unprotected. </li></ul><ul><li>Hazelwood- School Sponsored content is unprotected. </li></ul>
  9. 9. Protected Speech <ul><li>Must be actual or symbolic, meaningful to the school community, convey a message that is easy to understand. </li></ul>
  10. 10. The End

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