Government Forums Flashcards
Perry Education Assoc. v. Perry Local Educators’ Assoc.
A collective bargaining agreement provided that Perry Education Assoc. and no one else would have exclusive access to the interschool mail system and teacher mailboxes in the school. Perry Local Educators’ Assoc. was denied and sued for access.
Whether the First Amend. is violated when a union elected by public school teachers as the exclusive bargaining representative is granted access to certain means of communication and that same access is denied to a rival union.
The school system is not a public forum, so they do not get constitutional obligations that any org. can use the mailboxes.
he mailing system is not open to the public, and it is reasonable to let an official teachers union use the mailbox and let the nonofficial one not use it.
Hazelwood School v. Kuhlmeier)
Spectrum was a newspaper written by Journalism II students. The principal denied the publication of 2 articles (i.e. one was about teenage pregnancy and the subjects could be easily identified; the other was about divorce and the student made allegations their parent was always late from work and fought with their mother a lot). The students received a grade in this class and it was also apart of the curriculum
Whether educators may exercise editorial control of the contents of a high school newspaper produced as part of the school’s curriculum without violating the First Amend.
Standard for when a public school may refuse to lend its name and resources for student expression
so long as their actions are reasonably related to legitimate school concerns. (rational basis)
Tinker v. Des Moines)
A group of students went to school with black armbands around their arms to show their disapproval for the Vietnam War. The students were suspended and the school would not let them come back until they stopped wearing the armbands.
Issue: Whether students have free speech rights in public schools.
Standard for when a public school can punish student expression:
if speech causes a “material” or “substantial” disruption of the school activities
* content-based restriction
* Can’t be just fear of disruption of peace
Bethel School Dist. No. 403 v. Fraser)
Fraser delivered a speech at a school assembly to encourage nomination of a student for elective office. Fraser referred to the student in an elaborate, graphic, and explicit sexual metaphor. The assembly was attended by mostly 14-year-old students, who were either embarrassed by the speech or laughing about it. Fraser was then suspended.
Whether the First Amend. prevents school districts from disciplining a high school student from giving a speech at an assembly.
Rational basis
Interest: protecting children (14-18 age) from lewd speech, and not interrupting school activities
Fraser’s inappropriate speech interferes with the school’s purpose of providing an educational program
(Morse v. Frederick)
At a school-sanctioned and school-supervised event, a principal saw students unfurl a banner “Bong Hits 4 Jesus.” The principal suspended one of the students for these actions.
Issue: Whether a principal may restrict student speech at a school event when the speech is reasonably viewed as promoting illegal drug use.
Yes. The school official did not violate the First Amend. here because they acted reasonably here.
allow schools to restrict student expression that they reasonably regard as promoting illegal drug use
(B.L. v. Mahoney Area School Dist., NOT BINDING)
B.L. did not make the varsity cheerleading team and a freshman did. Because she was mad, B.L. while out at the store with friends, posted on Snapchat “f school, f cheer, f everything.” The school removed her from the junior varsity team saying she violated the team rules by using the vulgar language.
Issue: Whether B.L.’s speech is protected and whether so validly waived that First Amend. protection.
Yes the Snap is protected speech and No she did not waive her rights. The Snap was posted and created outside of the school, making it “off-campus” speech.
off-campus = public
public (content-based) = strict scrutiny
