Hazelwood School District v.

Kuhlmeier

1988

Sam Arasimowicz & McKayla

Wyble

American Government Period 3

January 6th, 2015

Image by Nemo

October 13, 1987 – January 13, 1988Case focused on freedom of speech, freedom of the pressControversial articles removed from a school newspaper

about…Teen pregnancyDivorce

Principal removed the articles from final version Inappropriate references to sexual activityStudents mentioned in pregnancy article would be easy to

identify even though names were changedParents’ names were included without their consent in

article about a girl blaming the father for her parents divorceTook out not only the two articles, but the entire page each

article was on

Case Facts & Background

1st Amendment- students’ freedom of speech/freedom of the pressThe journalists that claimed there was a

violation, they did so because the articles they had worked hard on were removed from the school paper

censorship

Amendments

Image by Andrys

Case was taken to the U.S. District Court for the Eastern District of MissouriRuled rights were not violated

Appealed to the U.S. Court of Appeals for the Eighth CircuitRuled the students rights were violated by the

school districtAppealed again to the U.S. Supreme Court to

certiorari, or review the decision of a lower court

Journey Through the Courts

Delivered by Supreme Court Justice Byron White

School officials have power over student speechIn the promotion of educational goals

Opinion of the Court: Schools have the right to regulate material in order to keep it appropriate for the audience

Majority Opinion

Byron White

Delivered by Supreme Court Justice William J. Brennan, Jr.Supported by Justices Marshall and Blackmun

School newspapers are a place where students are able to express their First Amendment rightsCase violated right to have protection from censorship

Minority Opinion: “School officials may censor only such student speech as would ‘materially disrup[t]’ a legitimate curricular function” (Brennan).Restrictions should only apply to prevent students from

disrupting school activitiesReflects on court ruling in Tinker v. Des Moines

Dissenting Opinion

Students still have rights on school groundsTinker v. Des Moines Independent Community

School DistrictStudents were told that they would be suspended

for wearing arm bands that protested against the Vietnam War

Violations of students’ freedom of speech/expressionCourt decision: students had a right to wear these

arm bandsReflected on in the dissenting opinion

Just as in Tinker, the articles in the school newspaper were not a major disruption of classwork

Other Cases Mentioned

Ruled in favor of the Hazelwood School District

No violation of First Amendment rightsStudents and adults have equal First

Amendment rights- adults’ rights were not being considered and therefore the principal is justified in removing the articles

Journalism classes are part of school curriculum, not a public forumRestrictions are okay if it is because of

educational objectives

Court Ruling

1924–2005Bachelor's and a master's degree in political

science-Stanford UniversityMaster's degree in government- Harvard

University Law degree- Stanford Law School1971-appointed into the supreme court by

president Nixon1986- made chief justice by President Reagan

Remained so until death in 2005

Chief Justice - William H. Rehnquist

Court decisions Dissenter in 1973 Roe v. Wade, voting against

legalized abortionWon victory in 1995 United States v. Lopez,

made carrying a gun in a school zone legal again

Presiding judge in President Clinton’s impeachment trial

Supporter in 2000 Bush v. Gore supreme court decision not to recount Florida's contested votes

Chief Justice continued

Restricted first amendment rights for studentsSchool authorities are given control of students

freedom of speech and expression if it is affiliated with the school

Or if interrupting the educational process

Impact

Andrys. Newspaper. Digital image. Pixabay. N.p., Sept. 2014. Web. 23 Dec. 2014. Byron White. Digital image. Wikipedia. N.p., n.d. Web. 1 Jan. 2015. Cambron-McCabe, Nelda, and Ellen Bueschel. "Students' Rights." Social Issues in

America: An Encyclopedia. Ed. James Ciment. Armonk, NY: Sharpe Reference, 2013. 1961-1972. Gale Virtual Reference Library. Web. 19 Dec. 2014.

"FindLaw | Cases and Codes." FindLaw | Cases and Codes. N.p., n.d. Web. 19 Dec. 2014.

"Hazelwood School District v. Kuhlmeier." Great American Court Cases. Ed. Mark Mikula and L. Mpho Mabunda. Vol. 1: Individual Liberties. Detroit: Gale, 1999. Opposing Viewpoints in Context. Web. 19 Dec. 2014.

Nemo. Justice. Digital image. Pixabay. N.p., July 2014. Web. 1 Jan. 2015. Raskin, Jamin B. "Hazelwood School District v. Kuhlmeier." We the Students:

Supreme Court Cases for and about Students. Washington, D.C.: CQ, 2008. 65-68. Print.

Raskin, Jamin B. "Hazelwood School." We the Students: Supreme Court Cases for and about Students. Washington, D.C.: CQ, 2008. N. pag. Print.

"William Rehnquist." Bio.com. A&E Networks Television, n.d. Web. 01 Jan. 2015. "Facts and Case Summary: Hazelwood v. Kuhlmeier." USCOURTSGOV RSS.

Administrative Office of the U.S. Courts, n.d. Web. 02 Jan. 2015.

Works Cited