Chapter 12: Institutional Constraints Flashcards
Tinker v. Des Moines Independent Community School District
Facts: Students are suspended from school for wearing black armbands in support of the Vietnam War
Decision: SCOTUS sides with the students
Significance: (1) students do not shed their constitutional rights to freedom of speech at the schoolhouse gates (2) Disruption Test: speech can be restricted if it creates a material and substantial disruption of school activities
Bethel School District v. Fraser
Facts: Fraser is suspended and prevented from speaking at graduation after he makes a sexually suggestive speech at school
Decision: SCOTUS sides with the school
Significance: narrows Tinker by asserting that student speech can be restricted if it is “vulgar or lewd”
Morse v. Frederick
Facts: Frederick is suspended for holding a “Bong Hits 4 Jesus” sign as the Olympic torch relay passed by his school
Decision: SCOTUS sides with the school
Significance: narrows Tinker by asserting that student speech can be restricted if it advocates unlawful activity
Hazelwood School District v. Kuhlmeier
Facts: Journalism students sue the school district after the principal removes two articles from the school newspaper
Decision: SCOTUS sides with the school and rules that Tinker does not apply → support v. permit
Significance: establishes that schools can control school-sponsored expressive activities so long as their actions are reasonably related to legitimate pedagogical concerns
Kincaid v. Gibson
Facts: Students sue KSU after the administration blocks the distribution of the student yearbook citing distaste for its color, title, and inclusion of current events
Decision: A circuit court sides with the students arguing that a yearbook is a public forum that should not be regulated by the government
Significance: reveals a lack of clarity surrounding publications at the college level
Hosty v. Carter
Facts: Governor’s State University instructed their printer not to print the student newspaper after students began using it to criticize the administration
Decision: A circuit court sides with the university arguing that Hazelwood applies to colleges
Significance: reveals a lack of clarity surrounding publications at the college level
Healy v. James
Facts: The president of Central Connecticut State University denies official recognition to a local chapter of Students for a Democratic Society
Decision: SCOTUS sides with the students
Significance: public universities cannot discriminate against student groups based on viewpoint
Widmar v. Vincent
Facts: the University of Missouri at Kansas City informs a student Christian group that they can no longer meet on campus due to the Establishment Clause
Decision: SCOTUS sides with the religious group
Significance: public universities cannot discriminate against student groups based on the fact that they promote a religion
Board of Education of the Westside Community Schools v. Mergens
Facts: A high school principal cites the establishment clause in denying students’ requests to form a Christian Bible Study Club
Decision: SCOTUS sides with the students
Significance: (1) establishes that allowing a club to exist does not equate to endorsing that club’s beliefs (2) no viewpoint discrimination
Lamb’s Chapel v. Center Moriches Union Free School District
Facts: The school district denies Lamb’s Chapel’s request to use school facilities for a religious-oriented film series
Decision: SCOTUS sides with Lamb’s Chapel
Significance: (1) allowing an organization to use school facilities does not equate to endorsing that club’s beliefs (2) the school was a limited-purpose public forum → no viewpoint discrimination
Rosenberger v. Rector and Visitors of the University of Virginia
Facts: UVA refuses to cover printing costs for a Christian group’s publication for fear of violating the establishment clause
Decision: SCOTUS sides with the Christian group
Significance: if some publications receive money, then all must receive money → no viewpoint discrimination
Good News Club v. Milford Central School District
Facts: the school district denies a request by the Good News Club to use a school building for after school Christian recruitment programs
Decision: SCOTUS sides with the Good News Club
Significance: if some groups are allowed to use school facilities, then all must be allowed → no viewpoint discrimination
Mahoney Area School District v. BL
Facts: BL is kicked off the cheer team for a profane snapchat posted outside of school hours
Decision: SCOTUS sides with BL
Significance: SCOTUS protects BL’s speech but does not grant protection to all extracurricular student speech
Keyishian v. Board of Regents
Facts: NY teachers were required to sign documents certifying that they were not communists and pledging allegiance to the US
Decision: SCOTUS strikes down the law
Significance: (1) protects the personal beliefs of teachers (2) the school is a marketplace of ideas, but teacher must remain “on topic”
Pickering v. Board of Education
Facts: Pickering is fired for criticizing the school board in a letter that was published by a local newspaper
Decision: SCOTUS sides with Pickering
Significance: establishes that teachers do not shed their first amendment rights simply because they are teachers, especially if their speech is a matter of public concern
Pickering Test: speech is protected if it falls under first amendment protection and does not interfere with the daily operations of the school or school system
