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ED 575 Students’ Rights

ED 575 Students’ Rights. Students’ Rights. Government, including public schools, must have a compelling justification to curtail citizen’s expression. Balance. Students do not shed their rights at the school house steps But

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ED 575 Students’ Rights

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  1. ED 575Students’ Rights

  2. Students’ Rights Government, including public schools, must have a compelling justification to curtail citizen’s expression.

  3. Balance Students do not shed their rights at the school house steps But Public schools are not automatically coextensive with the rights of adults in other settings

  4. Expression What constitutes expression? Only when conduct is meant to communicate an idea that is likely to be understood by the intended audience is it considered expression for First Amendment purposes.

  5. Even if it is “expression” Defamatory, obscene, inflammatory, lewd, vulgar, and expression that promotes illegal activity are not protected in the public school context.

  6. Landmark CaseObscene, Lewd, or Vulgar Expression Bethel School District no. 403 v. Fraser A student using a sexual metaphor in a nominating speech during a student government assembly Sensibilities of fellow students must be considered

  7. Inflammatory Expression Expression that agitates, threatens, or incites an immediate breach of peace from speech that conveys ideas and stimulates discussion. Threats – things to look at: 1. Reaction of the recipient and listeners 2. Past threats 3. How it is communicated 4. Reason to believe the speaker would engage in violence

  8. Illegal Drug Use Morse v. Frederick Students can be disciplined for expression reasonably viewed as promoting or celebrating drug use, incitement to lawless behavior is not required.

  9. Private vs. representing the school Private requires substantial constitutional protection Forums: Public – restrictions cannot be imposed Nonpublic – compatible with the intended governmental purpose Limited Public – student activities program

  10. School Publications Hazelwood School District v. Kulhmeier Censorship must be based on legitimate pedagogical concerns Student expression appearing to bear the school’s imprimatur can be censored

  11. Protected Private Expression Tinker v. DeMoines Independent School District Fear of a disturbance is not enough to overcome the right to freedom of speech More than a mere desire to avoid the discomfort that accompanies an unpopular viewpoint It must: materially and substantially interfere with the operation of the school

  12. Prior Restraints A free speech society prefers to punish the few who abuse the rights of speech after they break the law rather than throttle them and all other beforehand.

  13. Off-Campus Students cannot be disciplined for materials distributed off school grounds… Unless At a school sponsored event Or Threatens the educational process

  14. Harassment Confederate Flag Discipline based on intruding on the school’s legitimate function of inculcating manners and habits of civility Standard: Fraser

  15. Harassment Anti-Homosexuality T-shirt Discipline based on prevention of other students’ rights or a substantial disruption of school activities Standard: Tinker

  16. Distribution of Materials Policy 707

  17. Student Initiated Clubs Limited open forum for non-curricular student groups to meet during non-instructional time, access cannot be denied based on the religious, political, philosophical, or other content of the groups’ meetings If you allow one, you must provide equal access for all

  18. GSA Salt Lake City – denied to all non-curricular groups. The GSA said it was a curriculum-related group. California district – allowed non-curriculum related groups, but denied GSA and said it was a curriculum-related group, but the court said they could not limit access just because it was labeled curriculum-related.

  19. Appearance Attire can be regulated if: Immodest Disruptive Unsanitary Promotes illegal behavior (gangs, drugs, etc.) Must have a rationale for restrictions: enhancing learning or preventing disruptions (question: is the disruption created by the student attire or the teacher’s/administrator’s reaction to the attire?)

  20. Extracurricular Privilege not a Right A hearing for students to defend their actions is always advisable when denying participation Off-campus, off-season conduct – permissible Random drug testing – permissible Discipline cannot be arbitrary, discriminatory, or excessive

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