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Teenagers and free expression (law quiz) 3


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Teenagers and free expression (law quiz) 3

  1. 2. <ul><li>Imagine that you are a high school student during a time of war. As a “silent protest” against the war, you and a few of your classmates decide to wear black armbands to school. Your principal says you are not allowed to wear the armbands. You are suspended from school. What would the Supreme Court say about your First Amendment rights? </li></ul>
  2. 3. <ul><li>The United States Supreme Court ruled in favor of the students. </li></ul><ul><li>Students do not shed their Constitutional rights at the schoolhouse gate. </li></ul>
  3. 4. <ul><li>In a campaign speech to the entire school, a student tries to win votes through humor. He uses several sexually-oriented puns and is punished by the administration. According to Supreme Court rulings, what would this student’s First Amendment rights be? </li></ul>
  4. 5. <ul><li>The Supreme Court ruled in favor of the administration. </li></ul><ul><li>Obscenity and vulgarity are not protected expression, based on the Tinker standard </li></ul>
  5. 6. <ul><li>While your newspaper adviser is away from school, a long-term substitute teacher takes the newspaper to the principal for his approval before it goes to press. The principal pulls articles that he deems inappropriate, including one on teen pregnancy and another on the effects of parents’ divorces. What would the Supreme Court say about your right to publish these stories? </li></ul>
  6. 7. <ul><li>The Supreme Court ruled in favor of the administration in a 5-3 decision. School officials may censor when “their actions are reasonably related to legitimate pedagogical concerns.” </li></ul><ul><li>In over 40 states, the Hazelwood standard is used in producing scholastic publications, meaning that school officials can censor with few (if any) restrictions. </li></ul>
  7. 8. <ul><li>States and local school districts have enacted policies to minimize the effects of the Hazelwood decision. </li></ul><ul><li>According to Hazelwood, prior restraint (censorship) is legal in schools. </li></ul><ul><li>In Kansas, prior restraint is illegal in most cases, but prior review is legal and encouraged. </li></ul>
  8. 9. <ul><li>Your newspaper is asked to run the following advertisement for Planned Parenthood: </li></ul><ul><ul><li>It’s not enough to “just say no.” Just say KNOW… Know what you’re doing. Know the facts. If you don’t know, find out. It’s OK to ask questions. Call us. We’re part of the oldest and largest family planning organizations in the country. We’ll give you honest, factual, nonjudgmental answers and referrals. You don’t have to give your name. And it’s free. Now that you know that much, the rest is up to you. </li></ul></ul><ul><li>You run the ad in one edition, and your school receives over 300 calls. A group of conservative parents pickets the school board meeting. Do you run the ad again? What do you take into account in your decision? </li></ul>
  9. 10. <ul><li>Students met with the principal and superintendent, who agreed to back their decision. The staff eventually voted to retain the ad, 27-0. </li></ul>
  10. 11. <ul><li>You learn that it is legal in your state for teens to purchase and possess tobacco. It is only illegal for business to sell it. In an investigative article, you attempt to purchase cigarettes at several local supermarkets. In a few instances, you are successful. You write a news story naming the stores that are in violation of the law, quoting police and store managers. One of the managers calls your principal, who will not allow you to run the article. What would you do? </li></ul>
  11. 12. <ul><li>The students ran white space on the front page, where the article would have been. They received coverage from professional media, and the district allowed the students to run the article in the newspaper’s next edition. </li></ul><ul><li>Later, the adviser was re-assigned to another position, and eventually another school. </li></ul>
  12. 13. Presentation originally created by: Mike Dunlap Blue Valley West High School Overland Park, Kansas