Com 403 Chapter 3

Front 1

Tinker v. Des Moines Sch. Dist. (U.S. 1969)

Back 1

Schools can regulate speech if material and substantial disruption
But public school students have basic First Amendment rights

Front 2

Bethel Sch. Dist. v. Fraser (U.S. 1986)

Back 2

Schools can restrict lewd or vulgar speech
Ruling also applied to speech about drugs and alcohol

Front 3

Hazelwood Sch. Dist. v. Kuhlmeier (U.S. 1988)

Back 3

Schools can regulate speech arising from school-sponsored activities or publications (e.g. student newspaper)
Restrictions must be related to legitimate pedagogical concerns

Front 4

Morse v. Frederick (U.S. 2007)

Back 4

Schools can restrict non-political speech relating to drugs

Front 5

Kincaid v. Gibson (6th Cir. 2001)

Back 5

College can’t regulate an item of public/group speech
This case concerns yearbooks only

Front 6

Hosty v. Carter (7th Cir. 2005)

Back 6

College-sponsored newspaper can be regulated
Non-public forum underwritten at public expense
Certiorari denied by Supreme Court (2006)

Front 7

Time, Place, and Manner Restrictions
(3)

Back 7

Government cannot ban speech outright, but can regulate when, where, and how that speech is expressed
The content of the speech must not be restricted (“content neutral”)
Examples: noise, obscenity, handbills, pro-life activism, exit polls, etc.

Front 8

Chaplinsky v. New Hampshire (U.S. 1942)

Back 8

Fighting Words doctrine

Front 9

Gooding v. Wilson (U.S. 1972)

Back 9

Likely violence against the target of the speech

Front 10

Virginia v. Black (U.S. 2003)

Back 10

The intimidation factor

Front 11

Saxe v. State College Area Sch. Dist. (3rd Cir. 2001)

Back 11

Can’t ban words to protect feelings