Were there steps the students could have taken other than filing a lawsuit?
Were there steps the students could have taken other than filing a lawsuit? Yes, the students could’ve worked out a compromise with the principal/school before jumping to such drastic measures.
What did Principal Reynolds say was wrong with the article about divorce?
What did Principal Reynolds say was wrong with the article about divorce? Principal Reynolds was concerned that a father who was criticized was not given the opportunity to respond to the accusations made against him in the article.
What conditions have to exist for a principal to exercise censorship of the student press according to the Hazelwood decision?
School officials are allowed to censor student speech, including a student publication that is curricular and not a public forum, when they can demonstrate that their censorship is “reasonably related to legitimate pedagogical [educational] concerns.” If censorship serves no valid educational purpose, it is prohibited.
Why did the newspaper adviser give the paper to Principal Reynolds for review was that standard procedure?
The newspaper advisor gave the paper to Principal Reynolds to review prior to publication because it was standard procedure. Principal Reynolds was concerned that people would be able to identify the pregnant teens who were interviewed for one of the articles.
Should a principal be able to censor student newspapers if so under what conditions?
Kuhlmeier, the high court ruled that school officials can censor school-sponsored publications if their decision is “reasonably related to a legitimate pedagogical purpose.” This means school officials must show that they have a reasonable educational reason for censoring the material.
What was the impact of the Hazelwood v Kuhlmeier case?
Kuhlmeier et al., 484 U.S. 260 (1988), was a landmark decision by the Supreme Court of the United States that held that public school curricular student newspapers that have not been established as forums for student expression are subject to a lower level of First Amendment protection than independent student …
Who won the case of Hazelwood v Kuhlmeier?
Decision: In 1988, the Supreme Court, with one vacancy, handed down a 5-3 decision in favor of the school. The Court reversed the appellate court, and said that public schools do not have to allow student speech if it is inconsistent with the schools’ educational mission.
Who is Cathy Kuhlmeier?
The reason: Cowan is the former Cathy Kuhlmeier, one of three former high school journalists who challenged the censorship of their school newspaper in a case that reached the United States Supreme Court. In the 1982-83 school year, Kuhlmeier was a student in the Journalism II class at Hazelwood East High School in St.
What caused Hazelwood v Kuhlmeier?
Kuhlmeier, high school students in a journalism class at Hazelwood East High School in St. Louis County, Missouri sued the school district after the journalism teacher and school principal removed two articles that they deemed inappropriate from the school-sponsored student paper, The Spectrum.
Who was kuhlmeier in the Hazelwood case?
Three high school student journalists, including Cathy Kuhlmeier, had sued their Missouri school district in 1983 for infringing on their First Amendment rights after the principal of Hazelwood East High School, Robert E. Reynolds, removed articles from a pending issue of Spectrum, the student newspaper.
What were Justice White’s main reasons for ruling in favor of the school district Hazelwood?
Justice Byron White claimed that school authorities were not infringing the First Amendment by controlling what students post on the school paper as this was a pedagogical activity that was originated inside the institution. Therefore, the school principal had the right to ban what he considered inappropriate.
What does legitimate pedagogical concerns mean?
The “legitimate pedagogical concerns” the Hazelwood decision listed as grounds for censorship include: • Material that is “ungrammatical, poorly written, inadequately researched, biased or prejudiced, vulgar or profane or unsuitable for immature audiences.”
What does pedagogical day mean?
Pedagogical days are important. A certain number must be held each year in keeping with teachers’ work contracts and sound education policy. These professional development days provide teachers with opportunities to burnish their skills, keep up with the trends in education and spend time honing their lesson plans.
What is considered a public forum?
A public forum, also called an open forum, is open to all expression that is protected under the First Amendment. Streets, parks, and sidewalks are considered open to public discourse by tradition and are designated as traditional public forums.
How did the court distinguish between its decision in the Tinker case and the present case?
The court distinguished its decision between the Tinker case and the Hazelwood case because Tinkers case gave students the right to express their political opinions about the Vietnam War and Hazelwood was a part of the school curriculum for teaching and learning.
What was tinkers argument?
The school’s act was unconstitutional and violated students’ right in the First Amendment. The students who wore the armband were quiet and the protest was silent. They did not violate anyone else’s right and their action followed up their rights in the First Amendment.
Why did the Supreme Court find in favor of the students in the Tinker case?
They first ruled that the arm bands were disruptive and against the law. In the Tinker case what would have happened to the students if they did not listen to the school. They ruled in favor of the students. It held that armbands were form of “speech” because the armbands were symbols representing ideas.
What is the Tinker rule?
Tinker v. Des Moines is a historic Supreme Court ruling from 1969 that cemented students’ rights to free speech in public schools. The students were told they could not return to school until they agreed to remove their armbands.
What did the Supreme Court say in the Tinker case?
In a 7-2 decision, the Supreme Court’s majority ruled that neither students nor teachers “shed their constitutional rights to freedom of speech or expression at the schoolhouse gate.” The Court took the position that school officials could not prohibit only on the suspicion that the speech might disrupt the learning …
What is the disruption rule?
The substantial disruption test is the major standard developed by the U.S. Supreme Court in its seminal student speech K-12 decision Tinker v. Des Moines Independent Community School District (1969) meant to determine when public school officials may discipline students for their expression.
Can schools restrict freedom of speech?
The U.S. Supreme Court has said that students “do not shed their constitutional rights to freedom of speech and expression at the schoolhouse gate.” Many courts have held that school officials can restrict student speech that is lewd. Many state constitutions contain provisions safeguarding free expression.
Do minors have the right to free speech?
Court has long recognized that minors enjoy some degree of First Amendment protection. Students do not “shed their constitutional rights to freedom of speech or expression at the schoolhouse gate” (Tinker v. Des Moines Independent Community School District 1969).
Can a school expel a student for hate speech?
Did the school have the right to punish him for his off-campus expression? It turns out – no. In August 2015, a federal judge rejected the school officials’ motion to have the case dismissed.
What are the limits to freedom of speech?
Freedom of speech and expression, therefore, may not be recognized as being absolute, and common limitations or boundaries to freedom of speech relate to libel, slander, obscenity, pornography, sedition, incitement, fighting words, classified information, copyright violation, trade secrets, food labeling, non- …
What does the 1st Amendment not protect?
Categories of speech that are given lesser or no protection by the First Amendment (and therefore may be restricted) include obscenity, fraud, child pornography, speech integral to illegal conduct, speech that incites imminent lawless action, speech that violates intellectual property law, true threats, and commercial …
Can you go to jail for hate speech in the US?
The United States does not have hate speech laws, since the U.S. Supreme Court has repeatedly ruled that laws criminalizing hate speech violate the guarantee to freedom of speech contained in the First Amendment to the U.S. Constitution.
Is hate speech freedom of speech?
While “hate speech” is not a legal term in the United States, the U.S. Supreme Court has repeatedly ruled that most of what would qualify as hate speech in other western countries is legally protected free speech under the First Amendment.
What is hate speech in the US?
Hate speech is defined by the Cambridge Dictionary as “public speech that expresses hate or encourages violence towards a person or group based on something such as race, religion, sex, or sexual orientation”.