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13 Cards in this Set
- Front
- Back
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Tinker v Des Moines Independent Community School District
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brother and sister wear black bandanas to school b/c of national mourning day, principal said no
it is: 1. symbolic expression 2. political speech but: speech may be controlled if interferes with school discipline |
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Tinker v Des Moines- Justice Hugo Black (dissenting)
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“The truth is that a teacher of
kindergarten, grammar school, or high school pupils no more carries into a school with him a complete right of freedom of speech and expression than an anti-Catholic or anti-Semite carries with him a complete freedom of speech and religion into a Catholic church or Jewish synagogue.... It is a myth to say that any person has a constitutional right to say what he pleases, where he pleases, and when he pleases.” |
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Bethel School District No. 403 v. Fraser (1986)
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Oral expression
indecent speech-not protected Fraser looses Nominating speech for school office which was “vulgar and offensive,” “highly threatening,” full of “pervasive sexual innuendo,” “acutely insulting,” “seriously damaging to its less mature audience” |
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Morse v. Frederick (2007)
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view parade
“Reasonably be regarded” as promoting illegal drug use/a “pro-drug” message (“BONG HiTS 4 JESUS”), or was it? Principal wins bc not enough time to consider if sign promotes drugs or not |
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Nonpublic forums
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shools, prisons
viewpoint neutrality required-inter judicial scrutiny can ban topics substantial/important gov interest needed to regulate speech |
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public forums
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streets, sidewalk
content neutrality required Can NOT ban topics |
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Hazelwood School District v. Kuhlmeier (1988)
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Involving Mass Media
does 1A require a school to promote particular student speech-no student newspaper publishes story, principal doesnt like it Kuhlmeier sues, principal wins bc: principal can ban topics viewpoint neutrality-non public forum |
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lower schools
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primary function-socialization
act in loco parentis (in the place of one’s parents). |
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college education
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The purpose of college education is critical thinking.
26th Amendment (1971) => adults Regulation of hair length in high schools is per se [on its face] rational,and at the college level it is per se irrational |
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Kincaid v. Gibson (1997)
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The Problem with The Thorobred
Lower District Court ruling Educational Level/Age of Majority-Minority Type of Medium => journal of expression vs. journal of “goings-on” . No Acknowledgment that Hazelwood Is Different Is a college yearbook protected by the First Amendment? Yes bc example of public forum Appellate Ruling: Yearbook is a “limited public forum,” requiring Strict Scrutiny analysis Editorial control in hands of students University followed “hands-off” policy Yearbook existed for expressive activity found in public forum Nature of post-secondary setting and age of editors/readers supports determination of existence of public forum |
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PUBLIC FORUM Test
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Strict Scrutiny => content neutrality
required Compelling governmental interest served Regulation narrowly tailored to serve that interest |
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NONPUBLIC FORUM Test
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=> Intermediate Scrutiny => viewpoint neutrality required
Substantial governmental interest served Regulation reasonably tailored to serve that interest |
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Two types of school publications
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Nonpublic forum
Limited public forum |
