Module4 Assignment Pg. 274
5. If a state university has a nonpublic or closed forum, can a person be prohibited from speaking because of what she has to say, the content of her speech?
a. The access to a public forum can be restricted by the government, which in the example of higher education are public universities. However, the restrictions implemented cannot be for the purpose of hindering the thoughts and views of individuals due to public officials’ objections of the thoughts presented. In Hazelwood v. Kuhlmeier, the court stated, “… the teacher and school administration can exercise prior restraint over the publication as to “style” and “content.” (Alexander,2017).
Pg. 303
1. What is a “prior restraint” and why is it objectionable?
a. Prior restraint can be defined as, " Censorship before publication of highly protected by the courts.” (Alexander,2017). In Alexander v. United States, the Supreme Court ruled the term is used to describe, …show more content…
A student’s right to free speech is protected by the United States Constitution. School officials cannot encroach on students’ rights if their actions do not, “materially and substantially interfere with requirements of appropriate discipline in the pertion of the school” (Alexander,2017). This test is known as the, “material and substantial and was applied in Dickey v. Alabama State Board of Education. A public school official does not offend the first amendment rights of students by exercising editorial control. Hazelwood v. Kuhlmeiier ruled: 1.) students retain their constitutional rights in public school. 2.) the Public Forum Doctrine defines the extent and rights of students. 3.) a student newspaper under the control of a teacher within a public school is a closed forum. 4.) The teacher can exercise control over styles and content and 5.) The school official must show censorship is not unreasonable (Alexander,2017). If the article results in campus disruption, it can be reviewed under “special
5. If a state university has a nonpublic or closed forum, can a person be prohibited from speaking because of what she has to say, the content of her speech?
a. The access to a public forum can be restricted by the government, which in the example of higher education are public universities. However, the restrictions implemented cannot be for the purpose of hindering the thoughts and views of individuals due to public officials’ objections of the thoughts presented. In Hazelwood v. Kuhlmeier, the court stated, “… the teacher and school administration can exercise prior restraint over the publication as to “style” and “content.” (Alexander,2017).
Pg. 303
1. What is a “prior restraint” and why is it objectionable?
a. Prior restraint can be defined as, " Censorship before publication of highly protected by the courts.” (Alexander,2017). In Alexander v. United States, the Supreme Court ruled the term is used to describe, …show more content…
A student’s right to free speech is protected by the United States Constitution. School officials cannot encroach on students’ rights if their actions do not, “materially and substantially interfere with requirements of appropriate discipline in the pertion of the school” (Alexander,2017). This test is known as the, “material and substantial and was applied in Dickey v. Alabama State Board of Education. A public school official does not offend the first amendment rights of students by exercising editorial control. Hazelwood v. Kuhlmeiier ruled: 1.) students retain their constitutional rights in public school. 2.) the Public Forum Doctrine defines the extent and rights of students. 3.) a student newspaper under the control of a teacher within a public school is a closed forum. 4.) The teacher can exercise control over styles and content and 5.) The school official must show censorship is not unreasonable (Alexander,2017). If the article results in campus disruption, it can be reviewed under “special