Eileen Blackwood
802-482-2905
Main Street, Hinesburg
Sean Toohey
802-860-1500
Stoohey@lynnlawvt.com
76 St. Paul Street, Burlington
Heather Lynn
802-860-1500
Hlynn@lynnlawvt.com
76 St. Paul Street, Burlington
Sunday, March 27, 2011
Court Cases
TINKER V. DES MOINES:
Three students in Des Moines,Iowa, were suspended for wearing black armbands to protest the Vietnam war. The students were not allowed to come back to school until they came back without the armbands on. The Tinker siblings sued the school. The case made it to the supreme court. The court ruled that, "Students do not shed their constitutional rights when they enter the schoolhouse door." This meant that from that point on students were seen as having freedom of speech. This was the start of a long issue of what the restrictions are on student speech in public schools. The court also ruled that, "Symbolic speech can only be prohibited by school administrators if they can show that it would cause a substantial disruption of the school's educational mission." This was the line that could not be crossed in student speech.
HAZELWOOD V. KUHLMEIER:
A student paper, the Spectrum, was always reviewed by the principal before being published. One issue contained stories about teenage pregnancy and divorce. There were many things in the articles that the principal thought were contraversial. He didn't have time to change them, so he eliminated those stories. An author of one of the stories sued the school. The case made it to the supreme court. The court ruled that,"Public school cirricular student newspapers that have not been established as forums for student expression are subject to a lower level of First Amendment protection than independent student expression or newspapers established as forums for student expression." This put a restriction on student expression in the form school newspapers. Schools can now review and revise student newspapers to fit school rules and policies.
Three students in Des Moines,Iowa, were suspended for wearing black armbands to protest the Vietnam war. The students were not allowed to come back to school until they came back without the armbands on. The Tinker siblings sued the school. The case made it to the supreme court. The court ruled that, "Students do not shed their constitutional rights when they enter the schoolhouse door." This meant that from that point on students were seen as having freedom of speech. This was the start of a long issue of what the restrictions are on student speech in public schools. The court also ruled that, "Symbolic speech can only be prohibited by school administrators if they can show that it would cause a substantial disruption of the school's educational mission." This was the line that could not be crossed in student speech.
.jpg)
HAZELWOOD V. KUHLMEIER:
A student paper, the Spectrum, was always reviewed by the principal before being published. One issue contained stories about teenage pregnancy and divorce. There were many things in the articles that the principal thought were contraversial. He didn't have time to change them, so he eliminated those stories. An author of one of the stories sued the school. The case made it to the supreme court. The court ruled that,"Public school cirricular student newspapers that have not been established as forums for student expression are subject to a lower level of First Amendment protection than independent student expression or newspapers established as forums for student expression." This put a restriction on student expression in the form school newspapers. Schools can now review and revise student newspapers to fit school rules and policies.
Monday, March 21, 2011
As I understand it, the issue of freedom of speech in schools is about if there should be restrictions to a student's speech in school. As the Constitution is written, all Americans, students included, have free speech everywhere. Some speech can be hurtful, harmful, threatening, or distracting to other students in schools, though. Many of these types of speech and behaviors are banned by the schools. The issue is should students be able to have total free speech in schools or should there be restrictions, and if so are these restrictions unconstitutional?
One question I have is why didn't the creators of the Constitution think that complete free speech wouldn't pose problems? I want to know if there are any restrictions of it in the Constitution. One concern I have is whether I'll be able to find enough material on free speech in schools, because the issue of free speech is most prevelant outside of schools. Also, I am unclear as to what the difference is between free speech and free behavior.
One question I have is why didn't the creators of the Constitution think that complete free speech wouldn't pose problems? I want to know if there are any restrictions of it in the Constitution. One concern I have is whether I'll be able to find enough material on free speech in schools, because the issue of free speech is most prevelant outside of schools. Also, I am unclear as to what the difference is between free speech and free behavior.
Subscribe to:
Posts (Atom)