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Cases Affecting Student Press Rights

Cases Affecting Student Press Rights. Tinker v. Des Moines Independent Community School District. 1969 Supreme Court said that students’ rights “did not stop at the school house gate” Students have the right to express their political views

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Cases Affecting Student Press Rights

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  1. Cases Affecting Student Press Rights

  2. Tinker v. Des Moines Independent Community School District • 1969 • Supreme Court said that students’ rights “did not stop at the school house gate” • Students have the right to express their political views • Administrators can only restrict free expression when it “materially disrupts class work or involves substantial disorder or the invasion of the rights of others”

  3. Hazelwood School District v. Kuhlmeier • 1988 • Supreme Court said the rights of high school students were not necessarily the same as those of adults in other settings • Majority opinion said that school-sponsored publications, theatrical productions, etc. “may fairly be described as part of the school curriculum” and therefore administrators have “editorial control”

  4. Hazelwood continued • Administrators have the right to review materials before publication and remove those materials considered unsuitable • Administrators have Prior Restraint/Prior Review

  5. What can be censored? • The Hazelwood decision said administrators may censor material that is: -ungrammatical -poorly written -inadequately researched -biased or prejudiced -vulgar or profane -unsuitable for immature audiences

  6. Restriction of topics • Hazelwood allows administrators to restrict topics such as: -the particulars of teenage sexual activity -speech that “might be reasonably perceived to advocate drug or alcohol use, irresponsible sex, or conduct otherwise inconsistent with the shared values of a civilized social order”

  7. Exceptions to the rule • Many states have anti-Hazelwood laws, including: -California -Massachusetts -Iowa -Colorado -Kansas

  8. Bethel School District v. Fraser • 1986 • Matthew Fraser, an Honor student, gave a nomination speech for a student government candidate filled with double-entendres and sexual innuendos • He was suspended; the school claimed he used “vulgar and indecent language” in front of a “captive audience”

  9. The outcome • Fraser lost • Supreme Court said there is a difference between the expression of political beliefs protected in Tinker and the sexual content of Fraser’s speech • Protects students free speech, but gives schools the right to censor material on the grounds of vulgarity

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