Speech/Expression in Special Places 39.1

#1s: Member of ACLU #2s: School Security Officer #3s: Parent of Student #4s: Teacher

Assume those roles as you answer the following scenarios: Should students--during school hours and on campus at public schools--be able to wear t-shirts and other clothing......

With logos and other forms of advertisement for beer?

That promote animal rights? That make fun of animal rights?

That state opposition to abortion? With religious messages?

That glamorize guns or other weapons? Promoting a particular political candidate?

That make fun of another student?

Speech/Expression in Special Places Schools, military bases, and prisons present special 1st Amendment problems For the most part, courts find that these institutions provide only a limited forum for the exercise of 1st Amendment freedoms In these places, you can usually exercise your rights, but only as long as the expression doesn't interfere with the purpose of the facility

A. First Amendment in Public Schools In Tinker v. DesMoines School District, the court determined that the right to freedom of expression doesn't end at the school doors. However, the Court also held that students' right to free speech could be restricted when the school could show that the students' conduct would materially and substantially disrupt the educational process Ex-students could wear armbands to school protesting the Vietnam War Ex-student couldn't insist on giving an antiwar speech during biology class

In Hazelwood v. Kuhlmeier, U. S In Hazelwood v. Kuhlmeier, U.S. Supreme Court held that school officials could have editorial control over a school-sponsored newspaper produced in a journalism class Schools shouldn't have to permit speech that is inconsistent with their basic educational mission (Ex-schools could refuse to allow speeches that advocate drug or alcohol use) Schools should be allowed to control expression that students, parents, and others in the community might believe the school has endorsed (Ex-students could be stopped from printing vulgar material in the school newspaper)

B. The First Amendment in Prisons and the Military Both prisons and the military closely regulate almost all aspects of life Here, individual rights such as speech are often very limited when balanced against the special needs of the military and prisons for order and discipline