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First Amendment1
Religion2
Press3
Assembly4
Petition5
Free Speech In School6
Morse v. Fredrick
Bong Hits for Jesus
Olympic torch Coming Through Juneau, Alasksa
At a school-supervised event, Joseph Frederick held up a banner with the message "Bong Hits 4 Jesus," a slang reference to marijuana smoking.
Principal Deborah Morse took away the banner and suspended Frederick for ten days.
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Morse v. Fredrick
Bong Hits for Jesus
Court Said school officials can prohibit students from displaying
messages that promote illegal drug use.
Schools have a legitimate interest keeping their students safe from harms such as nationwide problems with drugs
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In Loco Parentis
Step in the Shoes of the parent
Vernonia v. Acton
“restrain and correct” students, in a way that is
“necessary to answer the purposes for which the
school is employed.”
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Policy for
Because principals are hired by democratically elected officials
Approve the educational & custodial standards
Of the citizens of this dist.
Representing the interests of the student & parents in the dist.
& If don’t like the standards taught, school boards can be removed by the democratic process
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Precedence
How the Legal System Works
Law passed by Congress or in the Constitution
Court’s interpretation of Laws
Application of
Court’s Interpretation
on Current Case
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Factors that apply to schools
1. Vulgar, lewd, obscene, and plainly offensive
speech
2. School-sponsored speech
3. Political Speech
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Fraser Case
Lewd Speech
Facts
Fraser had a friend who was running for student
counsel
Used suggestive words while describing his friend
Asked Teachers before if he should do it
The 2 he asked said NO
Why is this a bad idea?
High school maturity
Is this speech Protected?
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Fraser Case
Court said
Schools can protect from “exposure to sexually
explicit” speech. Even sexual innuendos
Rule
Vulgar, lewd, obscene, and plainly offensive
speech is not protected by the First Amendment
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School Sponsor Speech
Hazelwood Case
Facts
Two of the articles submitted for the school newspaper: The divorce article featured a story about a girl who
blamed her father's actions for her parents' divorce.
The teenage pregnancy article featured stories in which pregnant students at Hazelwood East shared their experiences.
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Hazelwood Case: Limits on
Speech in Schools
Rule
It’s in the school paper so the school can keep it
out
Paper has the school name and logo on it
Paper given mostly to students and families of
students
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Hazelwood Case
Why can the court Do this?
In Loco Parentis
“the rights of children are not coextensive to the
rights of adults.”
References to sexual activity are under the scope
of what the Court considers appropriate for
editorial control in a school newspaper
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Tinker
Political Speech
In 1965, John Tinker, his sister Mary Beth, and
a friend were sent home from school for
wearing black armbands to protest the
Vietnam War.
The school had established a policy permitting
students to wear several political symbols, but
had excluded the wearing of armbands
protesting the Vietnam War.
Their fathers sued
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Tinker
Rule
Purely Political speech is the most protected
speech
The armband does not interfere enough with the
class room to deny the right to political speech.
What if the arm band was a disruption?
Not protected
Still protected
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B.H. v. Easton Area School
District
Use Fraser, Tinker, and Hazelwood cases to analyze whether “I Love Boobies”
breast cancer awareness bracelets are protected in schools by the First
Amendment.
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B.H. v. Easton Area School
District
Are the bracelets plainly lewd, vulgar, or
profane speech that offends the listener?
Could the listener instead interpret the bracelets
as commenting on a social or political issue?
Are the bracelets a specific, significant fear of
disruption?
Or is it just some remote, apprehension of
disturbance?
Do they express support for breast cancer?
Do they convey sexual attraction to the female
breast?
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Cohen
&^@K the Draft!
The Defendant, Cohen’s (Defendant) conviction,
for violating a California law by wearing a jacket
that had “f— the draft”
Not in School
outside the municipal courthouse during the Vietnam
War.
The Defendant did not threaten or engage in any
act of violence.
Protected Speech?
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Different when not in school
Rule - The Jacket was OK
Not in school
Not vulgar Not erotic
Why is it different in and out of school?
What have you learned so far? In loco parentis
Schools like parents and they have boards that are elected teach the children in a manner that the people in the district approve of
If we don’t like it we can vote them out
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