Elizabeth 's Shirt Is School Sponsored Speech Under The Hazelwood Standard

1207 Words Apr 3rd, 2016 5 Pages
Elizabeth’s shirt is school-sponsored speech under the Hazelwood standard. To determine whether an activity is school-sponsored the following factors are assessed: whether or not the class was part of the school’s curriculum, whether or not the student receives a grade on the assignment, and who has the final say over the classroom material. Hazelwood Sch. Dist., 484 U.S. at 268. Furthermore, few activities could be classified more significantly, in terms of school-sponsored speech, than those that occur in a classroom type setting. Axson-Flynn v. Johnson, 356 F.3d 1277, 1289 (10th Cir. 2004). A poster, which was created as part of a classroom assignment was considered to be part of the school’s curriculum. Peck v. Baldwinsville Central Sch. Dist., 426 F.3d 617, 621 (2nd Cir. 2005). Peck was a kindergarten student who drew a religious picture in response to a class assignment. The Court held that since it satisfied a class requirement, it satisfied the Hazelwood factor test as being school-sponsored. Id. at 629. The present facts in this case show that Elizabeth created this shirt for a class of hers. R-29. Since Peck’s poster, created for a class, was viewed as part of the school’s curriculum, Elizabeth’s shirt, created for a class, should be viewed as part of the school’s curriculum. Furthermore, Elizabeth did receive a grade for the assignment. R-60. Additionally, Ms. Place, a teacher at Lincoln Heights, oversaw all of the assignments submitted by her…

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