Student Speech

by   |  05.28.09  |  Supplemental Information, student speech


1. Students and teachers do not shed their First Amendment rights at the schoolhouse gate (Tinker v. Des Moines ICSD, 1968). Only a clear threat to a school’s abilility to orderly carry out its educational mission can be prohibited.

2. A student expelled for distributing an offensive underground newspaper was reinstated. (Papish v. University of Missouri, 1972)

3. Lab newspapers of public high schools are not public forums, and principals can censor material on the basis of legitimate pedagogical concerns, e.g., privacy invasion (Hazelwood v. Kuhlmeier, 1988).

4. If a state university pays for the printing of groups’ newspapers from a student activities fund, it must also pay for the newspaper of a Christian group (Rosenberger v. University of Virginia, 1995). Here is Forum Theory.

5. A public university may give mandatory student fee money to controversial groups when the funds are available to groups on a viewpoint-neutral basis (Board of Regents v. Southworth, 2000). Southworth applies the Forum Theory.

6. Kentucky State University cannot deny distribution of its yearbook based on the Hazelwood rationale (Charles Kincaid and Capri Coffer v. Betty Gibson, 2001 U.S. App. LEXIS 2001).

7. Hosty et al. v. Carter et al., ______ F.2d ______ (2005) says Hazelwood applies to university student newspapers that receive unversity funds.

8. Bethel v. Fraser

9. Bong Hits for Jesus case