1. Student and Teacher rights

2. “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.” The First Amendment of the Constitution guarantees that you have freedom of speech and or the press. This right covers your ability to access certain information including electronic and print data.

3. Three landmark cases have set the standard for assessing whether or not a school has violated students’ free speech rights. Tinker vs. Des Moines Bethel School District vs. Fraser Hazelwood vs. Kuhlmeier

4. Background on case: Three students were suspended from school for wearing black armbands to school in protest of the Vietnam War. Students sued the school district on the basis that the school had violated their First Amendment rights to free speech. The Supreme Court ruled: Students protest was passive and did disrupt the learning of other students or infringe on any other students’ rights. Schools may only limit free speech if that speech disrupts school activities, procedures, or the ability of school staff to discipline students.

5. Background: Matthew Fraser delivered a sexually implicit speech to the entire student body. He was subsequently suspended and stripped of his ability to speak at graduation. Fraser sued the school district on the basis that the school violated his right to free speech. The Ruling: Case went all the way to the Supreme Court. The court sided with the school district. This ruling limits the Tinker case and does not extend free speech to “sexually vulgar” expressions.

6. Background: High school principal censored stories about pregnancy and divorce in school newspaper. Student journalists sued the school district on the basis that the censorship violated their First Amendment rights to free speech. The Ruling: Supreme court found that since the paper was not an open- forum for student expression it was subject to restricted free speech. Schools may censor material that is counter to school ideologies. The ruling may also apply to extracurricular activities such as theater.

7. Does a student have the right to express his/her beliefs/opinions in school? Yes. A student can express his/her opinions orally and in writing. A student must, however, make sure that in expressing this opinion or belief that he/she does so in a way that does not disrupt classes or other school activities. In addition, the student should not use vulgar language. Here is the tricky part about student free speech: the rulings have been vague. As long as students are not “disrupting” learning and school procedures then their speech is protected. See any problems with this?

8. How far may schools go in restricting speech in the interest of school safety? From a legal perspective, schools can restrict student speech in the name of safety if (1) they can reasonably forecast substantial disruption under Tinker, or (2) the student expression is a true threat. Lavine vs. Blaine Student expelled for a poem that in which the speaker was a school shooter. Teacher, counselor, and administration felt the poem was a “threat” to the safety of the school. Courts have upheld the ruling deferring to safety in cases of free speech that deals with violence. Since Columbine, the infringement on free speech in school has become more routine. School officials and staff feel an immense amount of pressure to identify potential threats before a tragedy can occur.