1st Amendment & School (8 cases = 7 revolving around school and 1 NOT)

1st Amendment 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.

Religion Engle v. Vitale 1962

Engle v. Vitale (1962) [background] NY Board of Regents established a non-denominational prayer to be used at the start of each school day. A group of parents challenged the prayer as “contrary to the beliefs or religious practices of their children” and as a violation of the establishment clause. [Supreme Court Ruling] In a 6-1 ruling, the court decided that government-directed prayer in schools was unconstitutional and a violation of the establishment clause.

“Speech” Tinker v. Des Moines 1969

Tinker v. Des Moines (1969) Mary Beth Tinker and some friends wore black arm bands in protest of the Vietnam War even after the school issued a policy banning the arm bands. All the students involved were suspended. In a 7-2 decision, the court ruled that “neither students nor teachers shed their constitutional rights to freedom of speech or expression at the schoolhouse gate.” Symbolic speech that is NOT DISRUPTIVE of the educational process IS protected under the 1st Amendment. BOTTOM LINE: you have the right to express yourself-up to a point

Board of Education v. Pico “Speech” & Censorship Board of Education v. Pico 1982

Board of Education v. Pico (1982) School officials of the Island Trees SD wanted to ban and remove books from their libraries that they deemed “anti-American, anti-Christian, anti-Semitic, and just plain filthy.” Parents sued. In a 5-4 decision, the court sided with the parents stating that school officials may not remove books simply because they don’t like the message. Citing Tinker, the court also said that students’ 1st Amend. rights include the right to read. The court did say, however, that school officials may prevent student exposure to obscene or vulgar material based on “current evolving standards.”

Bethel School District v. Fraser Speech Bethel School District v. Fraser 1986

Bethel SD v. Fraser (1986) A student gave a speech that was inappropriate even after warned not to do so. In a 7-2 ruling, the court permitted significant restrictions on student speech and expression. IF it is deemed disruptive and contrary to the values of the school and the educational process, the school has the right to restrict that “speech.”

Hazelwood School District v. Kuhlmeier “Press” Hazelwood School District v. Kuhlmeier 1988

Hazelwood SD v. Kuhlmeier (1988) A high school principal deleted two articles written in the school newspaper because they pertained to teen pregnancy and divorce. The students sued stating “freedom of the press and speech” violations. In a 5-3 decision, the court ruled against the students, stating that public schools may censor “curricular speech as long as the school’s administrator’s action is reasonably related to legitimate educational concerns.” BOTTOM LINE: Basically, anything that is perceived as a school activity could be censored (theater productions, yearbooks, creative writing assignments, assemblies, etc.)

Westside School District v. Mergens Religion Westside School District v. Mergens 1990

Westside SD v. Mergens (1990) School district refused to let a group of students form a Christian Bible study club at school. In an 8-1 decision, the court upheld the Equal Access Act of 1984-- student groups CAN meet on school property during non-instructional time for religious purposes so long as other student groups were allowed to gather and meet on school property.

Santa Fe Independent School District v. Jane Doe Religion Santa Fe Independent School District v. Jane Doe 2000

Santa Fe Independent S.D. v Jane Doe (2000) A Texas school district allowed a student chaplain to lead a prayer over the public-address system before home football games. Several students and their parents anonymously sued the district claiming a violation of the Establishment Clause. In a 6-3 decision, the Court ruled the district’s policy was unconstitutional. Although led by a student, the prayers were still school sponsored. BOTTOM LINE: public schools cannot sponsor religious activities like group prayer.