Presentation on theme: "The First Amendment Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom."— Presentation transcript:
The First Amendment 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. 45 important words
Legal/Ethical Cases Teenagers and Free Expression What Would You Do?
Items to Consider Prior Review: Reading a publication in advance of printing in order to approve or disapprove content
Items to Consider Prior Restraint: Censorship, forcing editor to take out or change material
Items to Consider Chilling Effect: Why bother to report controversial or sensitive stories if they are going to be censored?
Imagine that you are a high school student during a time of war. As a “silent protest” against the war, you and a few of your classmates decide to wear black armbands to school. Your principal says you are not allowed to wear the armbands. You are suspended from school. What would you do? Tinker v. Des Moines (1969)
The United States Supreme Court ruled in favor of the students. Students do not shed their Constitutional rights at the schoolhouse gate.
Administrators can control student speech only if it disrupts school or interferes with rights of others. Decision was then applied to student press, giving students the freedom of the press and speech
Tinker vs. Des Moines SCORE ONE FOR THE STUDENTS!!!!!!!!!
You write a responsible, balanced story on teenagers’ birth control practices. The principal decides that the article is inappropriate for a school publication and tries to censor it. He is backed by the superintendent and the school board. What would you do? Gambino v. Fairfax (Va.) School Board (1977)
The Court ruled in favor of the students. Expression should not be suppressed merely on the grounds that it is potentially controversial.
Score another one for the STUDENTS!
In a campaign speech to the entire school, a student tries to win votes through humor. He uses several sexually orientated puns and is punished by the administration. Is that fair? What would you do? Bethel (Wa.) School District No. 403 v. Fraser (1986)
The Supreme Court ruled in favor of the administration. Obscenity and vulgarity are not protected expression, based on the Tinker standard.
. Supreme Court said it is okay to limit student speech if it’s obscene or in poor taste Standard was applied to student press, limiting students only when it comes to obscene content
Bethel vs. Fraser SCORE ONE FOR THE STUDENTS (or at least the ones with good taste)!!!!!!!!! Bethel vs. Fraser SCORE ONE FOR THE STUDENTS (or at least the ones with good taste)!!!!!!!!!
While your newspaper adviser is away from school, a long-term substitute teacher takes the newspaper to the principal for his approval before it goes to press. The principal pulls articles that he deems inappropriate, including one on teen pregnancy and another on the effects of parents’ divorces. What would you do? Hazelwood (Mo.) v. Kuhlmeier (1988)
The Supreme Court ruled in favor of the administration in a 5-3 decision. School officials may censor when “their actions are reasonably related to legitimate pedagogical concerns.” In over 40 states, the Hazelwood standard is used in producing scholastic publications, meaning that school officials can censor with few (if any) restrictions.
Gives principal’s power to censor students for pedagogical reasons (poor grammar, vulgar, unsuited for students, promoting bad behavior) First case that deals specifically with student press rights
Hazelwood vs. Kuhlmeier In a “Hazelwood” state, a principal can review and censor a student newspaper for legitimate reasons
Hazelwood vs. Kuhlmeier SCORE ONE FOR THE ADMINISTRATORS!!
You learn that it is legal in your state for teens to purchase and possess tobacco. It is only illegal for businesses to sell it. In an investigative article, you attempt to purchase cigarettes at several local supermarkets. In a few instances, you are successful. You write a news story naming the stores that are in violation of the law, quoting police and store managers. One of the managers calls your principal, who will not allow you to run the article. What would you do? Blue Springs (Mo.) South High School
The students ran white space on the front page where the article would have been. They received coverage from professional media, and the district allowed them to run the article in the newspaper’s next edition. Later, the adviser was re-assigned to another position, and eventually another school.
Your newspaper is asked to run the following advertisement for Planned Parenthood: It’s not enough to “just say no.” Just say KNOW… Know what you’re doing. Know the facts. If you don’t know, find out. It’s OK to ask questions. Call us. We’re part of the oldest and largest family planning organizations in the country. We’ll give you honest, factual, nonjudgmental answers and referrals. You don’t have to give your name. And it’s free. Now that you know that much, the rest is up to you. You run the ad in one edition, and your school receives over 300 calls. A group of conservative parents pickets the school board meeting. Do you run the ad again? What do you take into account in your decision? Kirkwood (Mo.) High School
Students met with the principal and superintendent, who agreed to back their decision. The staff eventually voted to retain the ad, 27-0.
A student newspaper in Kansas runs a story about the rise of drug use among its students. Parents are angry that such a topic is allowed in a student newspaper, despite the fact that the story is well-balanced and includes solutions to the problem. Among other demands, they call for the faculty adviser to be fired for not stopping the students from running the story. Should the adviser be fired? Why or why not? Anywhere (Kan.) High School
Under Kansas state law, a faculty adviser cannot be fired for refusing to censor material printed in the student publication they advise.
Kansas Student Publications Act Senate Bill 62 passed in 1992
Kansas Student Publications Act Law that protects student journalists, giving them many of the same rights and responsibilities as professionals. Allows for prior review by principal, but then he or she is legally responsible for the content Student editors are responsible and liable for content of publications
Kansas Student Publications Act Unprotected speech is not protected Adviser cannot be fired for refusing to censor students Schools can regulate number, frequency, length and format of student publications
Kansas Student Publications Act Students have the right to decide the content of their newspaper as long as they don’t include unprotected speech
Kansas Student Publications Act SCORE ONE FOR THE STUDENTS (or at least the ones who live in Kansas)!!!!!!!!! SCORE ONE FOR THE STUDENTS (or at least the ones who live in Kansas)!!!!!!!!!