Free Speech in the Schools October 19, 2004. Freedom of Speech and Academic Freedom Keyishian v. Board of Regents (1966): “Our Nation is deeply committed.

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Presentation transcript:

Free Speech in the Schools October 19, 2004

Freedom of Speech and Academic Freedom Keyishian v. Board of Regents (1966): “Our Nation is deeply committed to safeguarding academic freedom, which is of transcendent value to all of us and not merely to the teachers concerned. That freedom is therefore a special concern of the First Amendment, which does not tolerate laws that cast a pall of orthodoxy over the classroom…The classroom is peculiarly the ‘marketplace of ideas’…”

Key Free Speech decisions Tinker v. Des Moines (1969)—black armbands, symbolic speech, rights of school students Bethel v. Frasier (1986)—the administration strikes back! Schools know best what constitutes disruption

Hazelwood v. Kuhlmeier The students and their paper—two stories (teen pregnancy and divorce) The court record—District (L), Circuit Court (W), S. Ct. (L) The decision—the school administration functions as any editorial body would, appropriate to protect rights of students or academic propriety

Utterback quote --administrators may censor, restrain or punish if… materially and substantially interferes with the requirements of appropriate school discipline (Tinker) interferes with the rights of students (Tinker) fails to meet standards of academic propriety (Hazelwood) generates health or welfare concerns (Hazelwood) it is deemed obscene, indecent, or vulgars (Frasier)