the first amendment in schools

1: The First Amendment in Schools Censorship of Expression in Public High Schools Tinker v. Des Moines (1969) The U.S. Supreme Court ruled that students could not be suspended for wearing black arm bands to school in protest of the Vietnam War Students �do not shed their rights at the schoolhouse gate�

2: The First Amendment in Schools Censorship of Expression in Public High Schools Barber v. Dearborn Public Schools (2003) Brentton Barber, a high school junior, was asked to remove a t-shirt with a photo of President George W. Bush and the words �International Terrorist� when one student complained The court, applying the Tinker precedent, found that the request was unconstitutional noting that �students benefit when school officials provide an environment where thy can openly express their diverging viewpoints and when the learn to tolerate the opinions of others.�

3: The First Amendment in Schools Censorship of Expression in Public High Schools Hazelwood School District v. Kuhlmeier (1988) The U.S. Supreme Court ruled it was acceptable to censor a high school newspaper produced as part of a journalism class if material fell into one or more of five categories:

4: The First Amendment in Schools Censorship of Expression in Public High Schools Five categories of acceptable censorship under Hazelwood: 1) Publications or stories that materially and substantially interfere with the requirements of appropriate discipline 2) Material that interferes with the rights of students 3) Material that fails to meet standards of academic propriety 4) Material that generates health and welfare concerns 5) Matters that are obscene, indecent or vulgar

5: The First Amendment in Schools Censorship of Expression in Public High Schools Dean v. Utica Community Schools (2004) � a district court judge found that a student-authored article questioning whether school buses were causing injury and illness to local residents was not inaccurate and therefore could not be censored under the Hazelwood �legitimate pedagogical concerns� standard. The judge found the censorship to be unconstitutional viewpoint-based discrimination.

6: The First Amendment in Schools Censorship of Expression in Public High Schools Bethel School District v. Fraser (1986) � the Supreme Court found that officials at Bethel High School did not violate the free speech rights of Matthew Fraser when they suspended him for making a sexually suggestive nomination speech for a fellow classmate The court refused to apply the political speech standard in Tinker, ruling that society has an interest �in teaching students the boundaries of socially appropriate behavior.�

7: The First Amendment in Schools Censorship of Expression in Public High Schools Frederick v. Morse (2007) As the Olympic torch relay passed outside of his school in Juneau, Alaska, Joseph Frederick unfurled a sign that read �Bong Hits 4 Jesus�. The principle of the school felt the banner had a pro-drug message, made him take it down, and suspended Frederick for 10 days.

8: The First Amendment in Schools Censorship of College Newspapers Kincaid v. Gibson (2001) The 6th U.S. Circuit Court of Appeals ruled administrators at Kentucky State University could not ban the distribution of the college yearbook when they did not approve of its content The court ruled the yearbook was a designated public forum

9: The First Amendment in Schools Censorship of College Newspapers Hosty v. Carter (2005) Administrators at Governors State University in Illinois demanded prior review and approval of the student newspaper before publication The case centered around whether the legitimate pedagogical concerns standard of Hazelwood could be applied to college newspapers.

10: The First Amendment in Schools Censorship of College Newspapers Hosty v. Carter (2005) The 7th Circuit ruled that �speech at a non-public forum, and underwritten at public expense, may be open to reasonable regulation even at the college level.�

11: The First Amendment in Schools Censorship of College Newspapers In 2006, California passed legislation prohibiting prior restraints and censorship by university administrators of public college and university newspapers.

12: The First Amendment in Schools Problems for College Journalists Student journalists often have a difficult time accessing information held by the university There have been many attempts to censor advertising for controversial products or ideas Some universities have attempted to censor student newspapers by cutting funding � this has rarely worked

13: The First Amendment in Schools Problems for College Journalists Newspaper theft is becoming an increasingly common practice for the censorship of speech in college newspapers Three states � California, Colorado and Maryland � have statutes specifically aimed at penalizing the theft of free newspaper

14: The First Amendment in Schools Alcohol Advertisements and the College Press Pitt News v. Pappert (2004) The 3rd Circuit Court of Appeals ruled a Pennsylvania law that banned advertisements containing references to �the availability and/or price of alcoholic beverages� in university newspapers was unconstitutional because no connection between the ads and underage drinking could be made