Student Speech and Press Issues

Question 1

West Virginia State Board of Education v. Barnette

Answer 1

• Compulsory unification of opinion is doomed to failure and is
• Protected students from being forced to salute the American flag and say the pledge of allegiance in school.

Question 2

Tinker v. Des Moines

Answer 2

censorship of expression in public high schools
• Students do not shed rights at schoolhouse gate
• Symbolic speech is protected (bands to protest the war in Vietnam)
• Only speech that substantially disrupts school activities or invades the rights of others may be restricted

Question 3

International Terrorist- Bush shirt

Answer 3

• One student complained to an assistant principal about the shirt. The student was upset because he had a relative in the military being sent to Iraq
• The decision to ban the shirt only can withstand constitutional scrutiny if they show that the tshirt caused a substantial disruption of or material interference with school activities or created an unsubstantiated fear.
• Only one teacher and one student expressed negative opinions so there was no sufficient evidence that the tshirt created any disturbance or disruption

Question 4

Bethel v. Fraser

Answer 4

• Fraser was suspended for making a sexually suggestive speech nominating a classmate for student government
• Students rights must be applied in the light of the special characteristics of the school environment
• No need to tolerate speech in conflict with the school’s essential mission
• School may teach kids bounds of socially acceptable behavior
• This speech would undermine the school’s basic educational mission also is used successfully by some schools to ban images and ads for drugs, tobaccos and alcohol.

Question 5

Morse v. Frederick- Bong Hits 4 jesus

Answer 5

• Banner promoted illegal drug use
• Speech is therefore disruptive of the educational mission of the school
• What about censorship of student press editorial urging legalization of marijuana?

Question 6

Hazelwood

Answer 6

• School censored articles (in the school newspaper) related to teen pregnancy and the impact of parent’s divorce on children
• Schools may regulate speech that is school sponsored and/or that is part of the school curriculum, so long the censorship is reasonably related to legitimate concerns (teaching and learning)

Question 7

Tinker Test

Answer 7

evaluating restrictions on student speech

Question 8

Hazelwood Test

Answer 8

evaluating restrictions on school sponsored speech