First Amendment Rights in School What are your rights at TFN?

Freedom of Speech Pure speech – Symbolic speech – Verbal expression of opinion Symbolic speech – Actions or symbols in place of words that express opinion

Bethel School District v. Fraser (1986) At a school assembly of approximately 600 high school students, Matthew Fraser made a speech nominating a fellow student for elective office In his speech, Fraser used what some observers believed was graphic sexual metaphors to promote the candidacy of his friend As part of its disciplinary code, Bethel High School enforced a rule prohibiting conduct which “substantially interferes with the educational process…including the use of obscene, profane language or gestures” Fraser was suspended from school for two days

Bethel School District v. Frasier (1986) Does the First Amendment prevent a school district from disciplining a high school student for giving a lewd speech at a high school assembly? No, schools may teach socially acceptable behavior and are not held to the same standards as the “real” world Agree/disagree-2 sentences

Karl Beidler v. North Thurston School District (2000) While completing his junior year at Timberline High School, Karl Beidler created a Web site depicting one of Timberline's assistant principals as a Nazi, drunk, and graffiti artist After teachers complained about feeling uncomfortable with Beidler in their class and testifying that he found the Web site "appalling and inappropriate", the principal placed Beidler on emergency suspension Beidler was ultimately transferred to an alternative educational program in his school district, but he was allowed to return to Timberline for his senior year

Karl Beidler v. North Thurston School District (2000) Are students allowed to criticize school officials on a website at home on their own time? Yes, as long as it doesn’t threaten a school official or incite violence Agree/disagree-3 sentences

When Can the Government Restrict Speech in the Outside World? If someone says something intended to incite violence or a false emergency If someone says something that endangers national security or threatens public safety If someone says something vulgar to an unexpecting audience or makes someone feel physically threatened (hate crime)

When Can the Government Restrict Speech in the Outside World? If someone wears something that disrupts the normal school day If someone says something false that damages another person’s reputation (slander) The internet has not yet been regulated by the government

Hazelwood School District v. Kuhlmeier (1988) The Spectrum, the school-sponsored newspaper of Hazelwood East High School, was written and edited by students In May 1983, Robert E. Reynolds, the school principal, received the pages proofs for the May 13 issue Reynolds found two of the articles in the issue to be inappropriate for younger students and that the parents who the students commented on didn’t have a chance to respond The principal ordered that the pages on which the articles appeared be withheld from publication Cathy Kuhlmeier and two other former Hazelwood East students brought the case to court

Hazelwood School District v. Kuhlmeier (1988) Did the principal's deletion of the articles violate the students' rights under the First Amendment? No, a principal has a right to monitor school newspapers as long as their actions are reasonable. Schools may teach socially acceptable behavior and are not held to the same standards as the “real” world-agree?

When Can the Government Restrict Press in the Outside World? If someone prints a confidential source and a judge needs to know the name of the source If a newspaper article endangers national security (no prior restraint – government can’t censor material before it’s printed) If someone prints something false that damages another person’s reputation (libel)

Freedom of Religion Free Exercise Clause – Establishment Clause – Right to believe in any religion and to practice it Establishment Clause – Government cannot sponsor church

Lemon v Kurtzman (1971) In Pennsylvania, a statute provided financial support for teacher salaries, textbooks, and instructional materials for secular subjects to non-public schools The Rhode Island statute provided direct supplemental salary payments to teachers in non-public elementary schools Each statute made aid available to "church-related educational institutions."

Lemon v Kurtzman (1971) Can the government provide aid to private schools? Yes, if… It is for clear, secular purposes It’s main effect doesn’t help or hurt religion It avoids excessive entanglement between church and state Examples: It is ok to fund buses It is not ok to fund Bibles

Engel v. Vitale (1962) The Board of Regents for the State of New York authorized a short, voluntary prayer for recitation at the start of each school day This was an attempt to defuse the politically potent issue by taking it out of the hands of local communities The blandest of invocations read as follows: "Almighty God, we acknowledge our dependence upon Thee, and beg Thy blessings upon us, our teachers, and our country"

Engel v. Vitale (1962) Can public schools sponsor prayers? No: Yes: At graduation On announcements Yes: Moment of silence

West Virginia Board of Education v. Barnette (1943) The West Virginia Board of Education required that the flag salute be part of the program of activities in all public schools All teachers and pupils were required to honor the Flag; refusal to salute was treated as "insubordination" and was punishable by expulsion and charges of delinquency

West Virginia Board of Education v. Barnette (1943) Can schools require students to salute the flag and say the Pledge of Allegiance? No, no official can force citizens to profess their faith by word or act

When Can the Government Restrict Religion in the Outside World? If someone preaches religion or forces people to pray in a public school If your religion violates law or fails to protect the health of a minor

Board of Education of West Side Schools v Mergens (1990) The school administration at Westside High School denied permission to a group of students to form a Christian club with the same privileges and meeting terms as other Westside after-school student clubs In addition to citing the Establishment Clause, Westside refused the club's formation because it lacked a faculty sponsor When the school board upheld the administration's denial, Mergens and several other students sued

Board of Education of West Side Schools v Mergens (1990) Was Westside's prohibition against the formation of a Christian club consistent with the Establishment Clause? No, as long as the club is student-led and voluntary

When the Government Restrict Assembly Outside of School? If a demonstration or protest threatens public safety If people are gathering to discuss plans to incite violence and how to carry out the plans

1st Amendment Rights NOT Allowed If someone says something intended to incite violence or a false emergency If someone says something that endangers national security or threatens public safety If someone says something vulgar to an unexpecting audience or makes someone feel physically threatened (hate crime) If someone says something false that damages another person’s reputation (slander) If someone wears something that disrupts the normal school day

1st Amendment Rights NOT Allowed If someone preaches religion or forces people to pray in a public school If your religion violates law or fails to protect the health of a minor If someone prints a confidential source and a judge needs to know the name of the source If a newspaper article endangers national security (no prior restraint) If a demonstration or protest threatens public safety If people are gathering to discuss plans to incite violence and how to carry out the plans