The Amendment The Reality The 1st Amendment: A Primer for Student, Teacher, and Administrator \\Oe1\data\USERS\Faculty\DCARLISLE1222\Business law\Power Point Presentations\Presentation BUs Law II\Boy Suspended for Wearing Anti- Obama T-Shirt.wmv \\Oe1\data\USERS\Faculty\DCARLISLE1222\Business law\Power Point Presentations\Presentation BUs Law II\Boy Suspended for Wearing Anti- Obama T-Shirt.wmv

CONGRESS SHALL MAKE NO LAW RESPECTING AN ESTABLISHMENT OF RELIGION, OR PROHIBITING THE FREE EXERCISE THEREOF; OR ABRIDGING THE FREEDOM OF SPEECH, OR OF THE PRESS; OR THE RIGHT OF THE PEOPLE PEACEABLY TO ASSEMBLE, AND TO PETITION THE GOVERNMENT FOR A REDRESS OF GRIEVANCES. First Amendment

PUBLIC SCHOOLS CAN MAKE SOME RULES OR ACTIONS ABRIDGING THE FREEDOM OF SPEECH OF THEIR TEACHERS AND STUDENTS.. First Amendment

Three Cases You Must Know!! In order of importance... 1) Tinker v. Des Moines Sch. Dist. (1969). 2) Bethel School Dist. No. 403 v. Fraser (1986). 3) Hazelwood Sch. Dist.. v. Kuhlmeier (1988).

Tinker v. Des Moines (1969) John Tinker, 15, was a student at a public high school in Des Moines, Iowa. Mary Beth Tinker, his 13- year-old sister, attended junior high school. After meeting with a group of adults and students, they decided to publicize their objections to the Vietnam War by wearing black armbands to school.

Tinker v. Des Moines (1969) Students do not “shed their constitutional rights when they enter the schoolhouse door.”

Tinker v. Des Moines (1969) To justify censoring speech, they "must be able to show that conduct that would "materially and substantially interfere with the requirements of appropriate discipline in the operation of the school." [ [

Tinker v. Des Moines (1969) In dissent.... “I have never believed that any person has a right to give speeches or engage in demonstrations where he pleases and when he pleases.”

Bethel School Dist. No. 403 v. Fraser(1986) "'I know a man who is firm -- he's firm in his pants, he's firm in his shirt, his character is firm -- but most... of all, his belief in you, the students of Bethel, is firm."'Jeff Kuhlman is a man who takes his point and pounds it in. If necessary, he'll take an issue and nail it to the wall. He doesn't attack things in spurts -- he drives hard, pushing and pushing until finally -- he succeeds. "'Jeff is a man who will go to the very end -- even the climax, for each and every one of you. "'So vote for Jeff for A. S. B. vice- president -- he'll never come between you and the best our high school can be.'

Bethel School Dist. No. 403 v. Fraser(1986) Issue: Whether school officials may prohibit a vulgar and lewd student speech at a student assembly even if the speech does not create a substantial disruption. Holding: The Court held that school officials may prohibit student speech before a student assembly that is vulgar, lewd and plainly offensive.

Issue: Whether school officials can censor school- sponsored student publications when they believe material is inappropriate for younger students, or for reasons other than the prospect of material and substantial disruption of the educational process. Hazelwood Sch. Dist.. v. Kuhlmeier, (1988)

Holding: By a 5-3 vote, the Court held that school officials can censor school-sponsored student publications when they have purposes reasonably related to legitimate educational concerns. Majority: "A school must also retain the authority to refuse to sponsor student speech that might reasonably be perceived to advocate drug or alcohol use, irresponsible sex, or 'conduct otherwise inconsistent with the shared values of a civilized social order,' or to associate the school with any position other than neutrality on matters of political controversy." (Justice Byron White)

District 308 Student Rights and Responsibilities Code Page 6 Section A MATERIALLY AND SUBSTANTIALLY DISRUPT OR INTERFERE.... To freedom of speech and press, freedom of assembly and freedom to petition in a manner that does not MATERIALLY AND SUBSTANTIALLY DISRUPT OR INTERFERE and which is consistent with the law and district policy.

How should school officials apply free-speech court standards? I. Vulgar, lewd, obscene, and plainly offensive speech (Fraser standard) II. School-sponsored speech (Hazelwood standard) III. All other student speech (Tinker standard)

Audience Participation What should your school do – given the unique facts and circumstances? What could your school do – given the unique facts and circumstances?

Example #1

Example #2

Example #3

Example # 5 There has been a rash of bullying at Springfield Tech High School So you adopt a policy that bars.... any unwelcome verbal, written or physical conduct which offends, denigrates or belittles an individual because of race, religion, color, national origin, gender, sexual orientation, disability, or other personal characteristics. There has been a rash of bullying at Springfield Tech High School So you adopt a policy that bars.... any unwelcome verbal, written or physical conduct which offends, denigrates or belittles an individual because of race, religion, color, national origin, gender, sexual orientation, disability, or other personal characteristics.

Example #4

A few words about Books... Libraries Textbooks Student Books

Do teachers have any first amendment rights? Not many in their role as teacher....

A few words about the WORD Student Expressions - Same Rules Apply in Most Cases – Tinker, Fraser, Bethel. Lemon Test Equal Access Act

Religion – Example #1 Second grader Kelly DeNooyer was a student at McKinley Elementary School in Livonia, Michigan. Her teacher started a program where a student in her class would be "VIP of the week." This program was designed to allow students to receive special attention from classmates and be allowed special "show and tell" privileges to present before the class. The goal of this program was to give students a sense of self-confidence and poise based on their verbal presentations. Kelly DeNooyer was chosen as VIP of the Week and was allowed to bring in an item to discuss and display to her classmates. She brought in a videotape of her performance of a religious song at a church service. The teacher reviewed the tape and told Ms. DeNooyer that she would not be allowed to show it in class.

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