2. Statute Law
-In the Annals of Congress (1789) Madison said “The people shall not be deprived or
abridged of their right to speak, to write or to publish their sentiments and freedom of
the press, as one of the great bulwarks of liberty, shall be inviolable” (Olson, 2017, p.
27 & 28)
-Alien and Seditions Acts in 1798 created to suppress political dissent.
-After America joined the war effort of World War I, Congress passed the Espionage Act of
1917 and the Sedition Act of 1918 to further suppress political dissidence.
3. Brief History
-Schenck v. United States (1919). In the case, the defendant was convicted for distributing anti-draft
pamphlets.
- Brandenburg v. Ohio (1969) would significantly change what is protected by free speech laws.
Olsen says that this case would “essentially put an end to the use of sedition as a threat against anti-
government speech” (Olsen, 2017, p. 29).
- “...Only when there is an imminent danger of incitement of illegal activity can authorities step in
and stop speech” (Olsen, 2017, p. 29).
4. History Continued
-West Virginia State Board of Education v. Barnette (1943), the Supreme Court ruled that a school
policy which forced students to pledge allegiance to the flag was unconstitutional because it forced
students to express beliefs they did not hold.
-If sitting in silent protest does not interfere with other student’s rights, school officials can’t punish
such expression .
-In Tinker v. Des Moines Independent School District (1969) it was decided that students were no
longer obligated to “shed their constitutional right to freedom of speech or expression at the
schoolhouse gate” (Kozlowski, 2017, p. 121).
5. Recent Case Law
- Jacobs v. Clark County School District (2008) a public school district in Nevada mandated
that all students wear uniforms in order to improve the learning environment. After multiple
lawsuits it was ruled that this doesn’t violate student expression.
-Many cases have to do with what students wear to school. In the 90’s and 2000’s there were
several cases about what students can wear, namely clothes with drug imagery or political
statements.
-Recently, several college campuses have prevented speakers from giving talks which will
likely lead to new cases.
6. Conclusion
-Student expression laws are still evolving.
-Events like those at UC Berkeley and Middlebury college will
probably lead to new territory in student expression laws.
-Student expression laws leave a lot up to interpretation and
outcomes vary by state.
