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.”

First Principles The First Amendment affirms the freedom of the individual. Free expression is the foundation — the cornerstone — of democracy. The First Amendment tells the government to keep its “hands off” our religion, our ideas, our ability to express ourselves. Other people have rights, too. When rights collide, government must balance them. The First Amendment helps us make choices.

W hich of the following types of clothing are protected forms of student expression? W hich of the following types of clothing are protected forms of student expression?

The Tinker Standard Tinker v. Des Moines Independent School Dist. (1969) Student speech cannot be censored as long as it does not “materially disrupt class work or involve substantial disorder or invasion of the rights of others.”

Heritage or Hate?

Split Opinions o “School officials are not required to wait until disorder or invasion occurs.” They merely need “the existence of facts which might reasonably lead school officials to forecast substantial disruption.” --Phillips v. Anderson School District, 1997 (South Carolina) o “The plaintiffs wore the shirts to express a certain viewpoint and that viewpoint was easily ascertainable by an observer..... [T]he school board enforced the dress code in an uneven and viewpoint-specific manner, thereby violating core values of the First Amendment. --Castorina v. Madison County School Board, 2001 (Kentucky)

Liberals Suck??!?

The Fraser Standard Bethel School District No. 403 v. Fraser (1986) Because school officials have an “interest in teaching students the boundaries of socially appropriate behavior,” they can censor student speech that is vulgar or indecent, even if it does not cause a “material or substantial disruption.”

Fashion Style or Political Statement? Does the First Amendment protect the right to wear baggy pants? Does the First Amendment protect the right to wear baggy pants? If you’re trying to make a political statement, does it matter if other people “get it?” If you’re trying to make a political statement, does it matter if other people “get it?”

The Message Matters (Bivens v. Albuquerque Public Schools, 1995) A “reasonable” observer would not find a particularized message in sagging pants. A “reasonable” observer would not find a particularized message in sagging pants. "Sagging is not necessarily associated with a single racial or cultural group, and sagging is seen by some merely as a fashion trend followed by many adolescents all over the United States." "Sagging is not necessarily associated with a single racial or cultural group, and sagging is seen by some merely as a fashion trend followed by many adolescents all over the United States."

Is there a difference between Gay and Straight Pride? Is there a difference between Gay and Straight Pride?

Tinkering with Tinker? Harper v. Poway School District (9th Circuit, 2006): “A school may regulate student speech that would ‘impinge upon the rights of other students.’”’ Public school students who may be injured by verbal assaults on the basis of a core identifying characteristic such as race, religion or sexual orientation, have a right to be free from such attacks while on school campuses.” “A school may regulate student speech that would ‘impinge upon the rights of other students.’”’ Public school students who may be injured by verbal assaults on the basis of a core identifying characteristic such as race, religion or sexual orientation, have a right to be free from such attacks while on school campuses.” -- Judge Stephen Reinhardt (majority) “I have considerable difficulty with giving school authorities the power to decide that only one side of a controversial topic may be discussed in the school environment because the opposing point of view is too extreme or demeaning.” “I have considerable difficulty with giving school authorities the power to decide that only one side of a controversial topic may be discussed in the school environment because the opposing point of view is too extreme or demeaning.” -- Judge Alex Kozinski (dissent) Hansen v. Ann Arbor Public Schools (E.D. Michigan, 2003): “This case presents the ironic, and unfortunate, paradox of a public high school celebrating ‘diversity’ by refusing to permit the presentation to students of an ‘unwelcomed’ viewpoint on the topic of homosexuality and religion, while actively promoting the competing view.” “This case presents the ironic, and unfortunate, paradox of a public high school celebrating ‘diversity’ by refusing to permit the presentation to students of an ‘unwelcomed’ viewpoint on the topic of homosexuality and religion, while actively promoting the competing view.” --The Honorable Gerald E. Rosen --The Honorable Gerald E. Rosen

The “Three R’s” of the First Amendment Rights -- Individual (Each of us is born with certain inalienable rights) Rights -- Individual (Each of us is born with certain inalienable rights) Responsibilities -- Mutual (Each of us must accept the responsibility to guard the rights of others -- especially those with whom we most deeply disagree) Responsibilities -- Mutual (Each of us must accept the responsibility to guard the rights of others -- especially those with whom we most deeply disagree) Respect -- Universal (Each of us must commit to debate out differences with respect Respect -- Universal (Each of us must commit to debate out differences with respect