Chapter 39 Expressions in Special Places

Schools, Military Bases, & Prisons present special 1 st Amendment problems Schools, Military Bases, & Prisons present special 1 st Amendment problems You can usually exercise your rights in these places as long as the expressions does NOT interfere with the purpose of the facility You can usually exercise your rights in these places as long as the expressions does NOT interfere with the purpose of the facility

1 st Amendment in Public Schools Tinker v. Des Moines School District (1969) ~ the US Supreme Ct decided that the right to freedom of expression “does NOT end at the schoolhouse gate” Tinker v. Des Moines School District (1969) ~ the US Supreme Ct decided that the right to freedom of expression “does NOT end at the schoolhouse gate” Student’s right to Free Speech COULD be restricted when the school could show that the students’ conduct would “materially and substantially disrupt” the educational process Student’s right to Free Speech COULD be restricted when the school could show that the students’ conduct would “materially and substantially disrupt” the educational process

Hazelwood v. Kulmeier (1988) School newspaper censorship case School newspaper censorship case US Supreme Ct ruled that school officials could have editorial control over a school- sponsored newspaper produced in a journalism class US Supreme Ct ruled that school officials could have editorial control over a school- sponsored newspaper produced in a journalism class Gives educators editorial control over the style & substance of school-sponsored student speech if their actions are reasonably related to legitimate educational concerns Gives educators editorial control over the style & substance of school-sponsored student speech if their actions are reasonably related to legitimate educational concerns

Censorship & Schools Found that school publication can NOT be treated as a Public Forum for students: Found that school publication can NOT be treated as a Public Forum for students: 1. Schools should not have to permit student speech that is inconsistent with their basic educational needs (i.e. schools could refuse to sponsor student speeches advocating drug or alcohol use) 2. Schools should be allowed to control expression that students, parents, & the community might reasonable believe that the school has endorsed (i.e. vulgar language in the school newspaper) Also applies to dress codes!!!

1 st Amendment in Prisons & Military Prisons: prison regulation that interferes with an inmate’s constitutional rights will be upheld as long as it is reasonably related to legitimate PENOLOGICAL (corrections) objectives Prisons: prison regulation that interferes with an inmate’s constitutional rights will be upheld as long as it is reasonably related to legitimate PENOLOGICAL (corrections) objectives Military: regulation prohibited all political speeches & distribution of campaign material Military: regulation prohibited all political speeches & distribution of campaign material Individual rights are often very limited when balanced against the special needs of the military & prisons for order & discipline Individual rights are often very limited when balanced against the special needs of the military & prisons for order & discipline