United States v. Playboy Entertainment Group, Inc. American Booksellers Foundation for Free Expression v. Strickland, Board of Airport Commissioners v. Jews for Jesus, Clark v. Community for Creative Non-Violence, Barr v. American Association of Political Consultants, Schenck v. Pro-Choice Network of Western New York, Perry Education Association v. Perry Local Educators' Association, West Virginia State Board of Ed. The newspaper was "intended to be and operated as a conduit for student viewpoint", [17] the appeals court found, and as a public forum, it could not be censored unless "necessary to avoid material and substantial interference with school work or discipline ... or the rights of others ". Mary Beth Tinker is an American free speech activist known for her role in the 1969 Tinker v. Des Moines Independent School District Supreme Court case, which ruled that Warren Harding Junior High School could not punish her for wearing a black armband in school in support of a truce in the Vietnam War. Healthy City School Dist. [12] This means schools may exercise prior restraint regarding the "style and content" of a student newspaper so long as their action is "not unreasonable", whereas there previously had to be compelling evidence to warrant censorship. [32] [33] The 2007 decision Morse v. Frederick (551 U.S. 393) found that the First Amendment did not protect student speech that could be "reasonably viewed as promoting drug use". 86-836 Argued: October 13, 1987 Decided: January 13, 1988. After a bench trial, the district court denied the injunction and monetary damages. The Spectrum, the school-sponsored newspaper of Hazelwood East High School, was written and edited by students. A student publication is a media outlet such as a newspaper, magazine, television show, or radio station produced by students at an educational institution. v. Mergens. It is published six to ten times a year, and has a circulation of about 3,000, with distribution in both the school and in the community. [12] As representatives of the state, school administrators can censor, restrain, or refuse to publish school-sponsored student expression if it interferes with the requirements of school discipline, interferes with students' rights, interferes with academic propriety, generates health or welfare concerns, or is deemed obscene or vulgar. The cost of printing the paper, as well as supplies, textbooks, and a portion of the academic advisor's salary, were furnished by the district's Board of Education, supplemented by newspaper sales. [6] [7] Reynolds objected to two of the stories scheduled to run. Following that precedent, at least 125 cases in lower courts across the country were decided in favor of student expression and against administrative censorship. U.S. Civil Service Comm'n v. National Ass'n of Letter Carriers, Mutual Film Corp. v. Industrial Comm'n of Ohio. v. Virginia Citizens Consumer Council, Linmark Assoc., Inc. v. Township of Willingboro, Central Hudson Gas & Electric Corp. v. Public Service Commission, Consol. When the school principal removed an article concerning divorce and another concerning teen pregnancy, the student journalists sued, claiming that their First Amendment rights had been violated. The Hazelwood v. Kuhlmeier decision 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 expression or newspapers established as forums for student expression. [4] He was also concerned that the references to sexual activity and birth control were inappropriate for younger students at the school. Discussion of Hazelwood's Lasting Effects (Voices of Youth) First Amendment Rights Diagram (SPLC) Hazelwood School District v. Kuhlmeier: A Complete Guide to the Supreme Court Decision (SPLC) Hazelwood v. Kuhlmeier Summary (First Amendment Center) Cyberlaw and Online Publishing (SPLC) Communist Party v. Subversive Activities Control Bd. [19] [23]. [30] Courts have also been split on viewpoint-based expression in schools, such as religious expression. ... (Judicial action to protect students' rights is justified) only when the decision to censor a school-sponsored publication, theatrical production or other vehicle of student expression has no valid educational purpose. [12] Two subsequent cases— Healy v. James , 408 U.S. 169 (1972), and Papish v. University of Missouri Curators , 410 U.S. 670 (1973)—expanded the First Amendment rights of students on college campuses, but did not strongly define the status of student newspapers as public forums. [18] Its majority opinion set a precedent that school-sponsored activities, including student newspapers and drama productions, are not normally protected from administrative censorship under the First Amendment. The term in loco parentis, Latin for "in the place of a parent" refers to the legal responsibility of a person or organization to take on some of the functions and responsibilities of a parent. While subsequent court rulings have varied on when Hazelwood applies, the case remains a strong precedent in the regulation of student speech. The term "freedom of speech" embedded in the First Amendment encompasses the decision what to say as well as what not to say. Although the district court ruled against the students, they won their case in the Eighth Circuit Court of Appeals, and the district appealed to the Sup…

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