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You can’t Yell “Fire!” Info on Court Cases taken from:

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1 You can’t Yell “Fire!” Info on Court Cases taken from: http://www.law.umkc.edu/faculty/projects/ftrials/conlaw/studentspeech.htm

2 Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.

3 “For speech that occurs in school, a school district may impose restrictions if the speech substantially disrupts school operations. For speech that occurs outside of school, a school district may impose restrictions only if it has a very good (“compelling”) reason and the restriction is necessary to achieve that reason.”

4 Tinker v. Des Moines Indep. Community School District (1969) Bethel School District No. 403 v. Fraser (1986) Hazelwood School District v. Kuhlmeier (1988) Morse v Frederick (2007)

5 The Court ruled that this symbolic speech-- "closely akin to pure speech"--could only be prohibited by school administrators if they could show that it would cause a substantial disruption of the school's educational mission.

6 In Bethel, the Court upheld the right of Washington state high school administrators to discipline a student for delivering a campaign speech at a school assembly that was loaded with sexual innuendo. The Court expressed the view that administrators ought to have the discretion to punish student speech that violates school rules and has the tendency to interfere with legitimate educational and disciplinary objectives.

7 The Court upheld the right of school administrators to censor materials in a student-edited school paper that concerned sensitive subjects such as student pregnancy, or that could be considered an invasion of privacy.

8 The Court found that schools have the right to discipline students who present messages that conflict with stated anti-drug policies, even where the evidence of disruption of school activities might be absent.

9 West Virginia v Barnette: Can schools suspend students for refusing to recite the Pledge of Allegiance? Santa Fe School District v Doe Can a high school provide students with use of a school PA system for use before a football game when it expects that students will use that time to offer a prayer?


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