1 / 6

Navigating 1st Amendment in Special Places: Schools, Prisons, & Military

Learn about expression rights in schools, censorship cases like Hazelwood v. Kulmeier, and limitations in prisons & military settings. Understand how the 1st Amendment is interpreted in these special environments.

thomasdjohnson
Download Presentation

Navigating 1st Amendment in Special Places: Schools, Prisons, & Military

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. Chapter 39 Expressions in Special Places

  2. Special Places • Schools, Military Bases, & Prisons present special 1st Amendment problems • You can usually exercise your rights in these places as long as the expressions does NOT interfere with the purpose of the facility

  3. 1st Amendment in Public Schools • Tinker v. Des Moines School District (1969) ~ the US Supreme Ct decided that the right to freedom of expression “does NOT end at the schoolhouse gate” • Student’s right to Free Speech COULD be restricted when the school could show that the students’ conduct would “materially and substantially disrupt” the educational process

  4. Hazelwood v. Kulmeier (1988) • School newspaper censorship case • US Supreme Ct ruled that school officials could have editorial control over a school-sponsored newspaper produced in a journalism class • Gives educators editorial control over the style & substance of school-sponsored student speech if their actions are reasonably related to legitimate educational concerns

  5. Censorship & Schools • Found that school publication can NOT be treated as a Public Forum for students: • Schools should not have to permit student speech that is inconsistent with their basic educational needs (i.e. schools could refuse to sponsor student speeches advocating drug or alcohol use) • Schools should be allowed to control expression that students, parents, & the community might reasonable believe that the school has endorsed (i.e. vulgar language in the school newspaper) Also applies to dress codes!!!

  6. 1st Amendment in Prisons & Military • Prisons: prison regulation that interferes with an inmate’s constitutional rights will be upheld as long as it is reasonably related to legitimate PENOLOGICAL (corrections) objectives • Military: regulation prohibited all political speeches & distribution of campaign material • Individual rights are often very limited when balanced against the special needs of the military & prisons for order & discipline

More Related