Law and Ethics Notes

Five freedoms in First Amendment relating to: Speech, Press, Religion, Assembly, Petition.

Because public schools are a form of government, they are limited in their power to censor by the 1st Amendment. Private schools have more power in doing this.

The Tinker Standard (1969): The US Supreme Court recognizes that the 1st Amendment protects on-campus student speech.

The Fraser Standard (1986): Because school officials have an "interest in teaching students the boundaries of socially appropriate behavior," they can censor student speech that is vulgar or indecent, even if it does not cause a "material or substantial disruption."

The Hazelwood Standard (1988): The US Supreme Court significantly reduces the level of First Amendment protection provided to most school-sponsored student media at public high schools. School can censor if "reasonably related to legitimate pedagogical concerns". Applies only to school-sponsored speech. Does not apply to "public forum" student media.

The Frederick Standard?: Bong Hits 4 Jesus. Court ruled for Morse because students were on a school-authorized absence; speech censored because it went against teachings.

Summary: Free speech applies except if speech is illegal otherwise, could cause a physical disruption, is vulgar, or if it is part of school-sponsored speech and goes against teachings - exceptions apply on-campus or during a school-authorized activity.