NOTES.

First Amendment Freedoms:

A promise by the government to respect the individual rights of its people relating to:

-Speech

-Assembly

-Religion

-Speech

-Petition

First amendment rights are not unlimited

Public schools: because they are government agencies, public schools are limited by the first amendment in their ability to censor

Private schools: The first amendment does not regulate the behavior of private schools. However, state law or school policy could provide legal protections for press freedom.

Tinker v. Des Moines Independent Community School District (1969): The U.S. supreme court recognizes that the first amendment protects on-campus student speech. Tinker standard:

-Unlawful speech-Physically disruptive speech

Bethel School District v. Fraser (1986): Inappropriate speech for class president.

Fraser standard: because school officials have an "interest in teaching students the boundaries of socially appropriate behavior" they can censor student speech that is vulgar or indecent, even if it does not cause a "material or substantial disruption"

Hazelwood School District v. Kuhlmeier (1983): Ruling states there needs to be "reasonably related to legitimate pedagogical concerns"

Examples include materials that is: "biased or prejudice, unsuitable for immature audience, ungrammatical, etc. school-sponsored speech"

Morse v. Ferderick (2007): Olympic torch travels through town so principal Morse cancels a day of school. Some students hang up a sign that reads "bong hits for Jesus". The students are suspended from school for 10 days. The supreme count agreed with the principals ruling after going back to the previous cases.

LIBEL: PUBLICATION OF A FALSE STATEMENT OF FACE THAT SERIOUSLY HARMS SOMEONES REPUTATION (articles, advertisement, columns, promos, cartoons, ads, etc.) Red Flags include: sexual misconduct, lying, associated with "loathsome diseases", unfit for business, racial,religious,ethic bigotry, financial instability, lack of creditworthiness, accusations of illegal conduct or involvement with criminal justice system

Hazelwood= Reasonably related to legitimate pedagogical concerns.

EXAMPLES:

1. Biased or prejudiced


2. Unsuitable for immature audiences


3. Ungrammatical


4. Materical that would "associate the school with anything other than neutrality on matters of political controversy"

THE FREDRICK STANDARD

January 2002, Olympic torch travels through town. Principal Morse cancels school.

Senior Fredrick unveils banner on the sidewalk across street which says "Bong Hits 4 Jesus" (suspended for 10 days)