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Students' 1st Amendment Free Speech Rights
- 1. First Amendment:Students’ Free Speech Rights Teacher In-Service May 6th, 2009 Presented by Mr. Dooley
- 2. First Amendment Review The First Amendment to the Constitution of the United States declares that: "Congress shall make no law… abridging the freedom of speech.” What exactly does this mean?
- 3. Question Can school administrators censor students when it comes to their First Amendment right of free speech? Before answering this question, we should discuss whether or not we have made bad decisions regarding student speech in the past.
- 4. The Landmark Case Tinker v. Des Moines School District Facts of the Case Question Conclusion
- 5. Supporting Case #1 Bethel School District No. 403 v. Fraser Facts of the Case Question Conclusion
- 6. Supporting Case #2 Morse v. Frederick Facts of the Case Question Conclusion
- 7. Supporting Case #3 Hazelwood School District v. Kuhlmeier Facts of the Case Question Conclusion
- 8. Supporting Case #4 Board Of Education v. Pico Facts of the Case Question Conclusion
- 9. Conclusions from Cases Tinker school administrators cannot censor students’ political speech even if it is symbolic in nature. Bethel the school could prohibit such offensive or coarse language, as it is not aligned with the "fundamental values of public school education."
- 10. Frederick Justices held that Frederick’s message was promoting the use of marijuana and that student speech rights in a public school setting are not equal to those normally afforded to adults. Kuhlmeier school ultimately has the right to refuse to publish speech that is askew from “the shared values of a civilized social order.” Conclusions from Cases
- 11. Applied to our Mission Aschool can only repress or discipline student speech if it "materially disrupts class work or involves substantial disorder or invasion of the rights of others." A school district must prove that the discipline would prevent the speech interfering with schoolwork.
- 12. Additional Resources Please use the school wiki at: www.pbwiki.net/faith/free_speech Post questions, ideas, and comments This presentation, along with additional resources, will be posted there. Questions?
Hinweis der Redaktion
- From Dr. RodneySmolla at the University of Richmond Law School:“We all have within us a kind of censorship-impulse. Governments are especially prone to censor. As Holmes went on to put it: "If you have no doubt of your premises or your power and want a certain result with all your heart you naturally express your wishes in law and sweep away all opposition." Censorship is thus a kind of social instinct. As caring and responsible citizens of society, we are likely to want many results with all our hearts. We want security, we want freedom from fear, we want order, civility, racial and religious tolerance, we want the well-being of our children. We want these things with all our hearts, and when others express opinions that seem to threaten these aspirations, who can blame us for being tempted to express our wishes in law and sweep away the opposition?It is perfectly logical. And that is what, at bottom, freedom of speech is all about.”
- Before answering the question outright, I would ask if any teachers have ever told students that they cannot say, write about, or discuss specific things in class (such as cursing, making fun of other students, taking a political side and arguing, protesting a war, etc.)? We are hereto educate ourselves as to how students can or cannot be censored and/or disciplined when it comes to their speech (and remember this includes symbolic speech as well). This in-service will serve as an educational reminder on how important it is to make good discipline decisions when it comes to students’ rights.