Law and Ethics Post

Five freedoms of First Amendment

1. Speech

2. Petition

3. Religion

4. Assembly

5. Press

Public schools are limited by the First Amendment in their ability to censor but private schools are not regulated the same way.


Tinker v. Des Moines Independent Community School District

The U.S. Supreme Court recognizes that the First Amendment protects on-campus student speech. This started providing student free speech in schools. Does not protect unlawful speech and physically disruptive speech (clothing).

Bethel School District v. Fraser

Schools can censor student speech if it is vulgar or indecent, even if it doesn't cause a "material or substantial disruption".

Hazelwood School District v. Kuhlmeier

Schools have the right to censor material if it goes against legitimate teaching concerns.

The Hazelwood doesn't create an unlimited license to censor.

Morse v. Frederick

Students were suspended for holding a sign stating "Bong Hits 4 Jesus". They were suspended for ten days even though it wasn't on school grounds and they weren't even in school but it was a school authorized activity.

Student web sites

1. Sites that are offensive, obnoxious, and insulting

2. Sites that are offensive, obnoxious, and insulting, and also contain some sort of veiled threat of violence, or destruction of property

3. Sites that contain outright blatant threat (post Columbine)

Eden Prairie and Woodbury are examples

Libel:

Publication of a false statement of fact that seriously harms someone's reputation. Knowing something is true and proving it's true can be two different things.