Teachers and the Law, 8 th Edition © 2011 Pearson Education, Inc. All rights reserved. Teachers and the Law, 8e by David Schimmel, Leslie R. Stellman, and Louis Fischer PowerPoint Presentation by Gerri Spinella, Ed. D

Teachers and the Law, 8 th Edition Schimmel, D., Stellman, L., Fischer, L. s © 2011 Pearson Education, Inc. All Rights Reserved Chapter 10 When Can Schools Restrict Freedom of Expression?

Teachers and the Law, 8 th Edition Schimmel, D., Stellman, L., Fischer, L. s © 2011 Pearson Education, Inc. All Rights Reserved Key Concepts Controversial Student Views Publications Internet

Teachers and the Law, 8 th Edition Schimmel, D., Stellman, L., Fischer, L. s © 2011 Pearson Education, Inc. All Rights Reserved Essential Question In what manner has your school restricted freedom of expression regarding students’ controversial views presented in the classroom or on the internet?

Teachers and the Law, 8 th Edition Schimmel, D., Stellman, L., Fischer, L. s © 2011 Pearson Education, Inc. All Rights Reserved KEY TERMS Student Expression or Symbolic Speech Protected Speech Hate Speech Codes Underground Publications

Teachers and the Law, 8 th Edition Schimmel, D., Stellman, L., Fischer, L. s © 2011 Pearson Education, Inc. All Rights Reserved The Wooster Case 1965 The Tinker Case Students’ Free Speech

Teachers and the Law, 8 th Edition Schimmel, D., Stellman, L., Fischer, L. s © 2011 Pearson Education, Inc. All Rights Reserved Students & Internet Usually apply the principle of Tinker Establish the “nexus” between occurrence and the disruption of the school environment Court Cases - Differing Court Opinions Layshock ex rel. Layshock v. Hermitage School Barnett v. Tipton County Board of Education Wisniewski v. Weedsport Central School District

Teachers and the Law, 8 th Edition Schimmel, D., Stellman, L., Fischer, L. s © 2011 Pearson Education, Inc. All Rights Reserved Students & Free Speech Schools can legally limit student expression and symbolic speech. Schools may take reasonable action to restrict student expression to prevent disruption. (Tinker ) use discretion to restrict symbols that might lead to disruption; can change school’s symbol against the wishes of students. can prohibit demonstrations near a school or during a school assembly. may punish lewd and offensive student expression; (Bethel v. Fraser)

Teachers and the Law, 8 th Edition Schimmel, D., Stellman, L., Fischer, L. s © 2011 Pearson Education, Inc. All Rights Reserved Student Rights Students cannot be required to say or to stand for the pledge of allegiance. Students do not have a right to academic freedom. Schools can remove controversial books from a school library; however, it depends on the facts of the case. They must establish and follow constitutional criteria and reasonable procedures before removing controversial material. Students do not have the right to remove “racist” books from the curriculum.

Teachers and the Law, 8 th Edition Schimmel, D., Stellman, L., Fischer, L. s © 2011 Pearson Education, Inc. All Rights Reserved Hate Speech Codes Districts establish policies that broadly prohibit bullying and harassment. Anti-Harassment codes are constitutional only if they are “narrowly worded” and prohibit unprotected speech.

Teachers and the Law, 8 th Edition Schimmel, D., Stellman, L., Fischer, L. s © 2011 Pearson Education, Inc. All Rights Reserved Case Presentation The Hazelwood Case

Teachers and the Law, 8 th Edition Schimmel, D., Stellman, L., Fischer, L. s © 2011 Pearson Education, Inc. All Rights Reserved Initial Proceedings Complaint Facts of claim by plaintiff seeks Defendant Answers (30 days) or motion to dismiss Discovery Begins Step by Step In The Court System OUTCOME EDUCATIONAL IMPLICATION Interrogatories Depositions Document Requests Settlement Conference

Teachers and the Law, 8 th Edition Schimmel, D., Stellman, L., Fischer, L. s © 2011 Pearson Education, Inc. All Rights Reserved Underground Publications Publications are not sponsored by the school; therefore, publications: cannot be banned for discussing controversial or unpopular topics. cannot be prohibited from criticizing school officials and school policies.

Teachers and the Law, 8 th Edition Schimmel, D., Stellman, L., Fischer, L. s © 2011 Pearson Education, Inc. All Rights Reserved Distribution Policies Schools may control the distribution of underground publications. Schools may restrict the distribution of materials that are libelous, obscene, or substantially disruptive. Publication is not legally obscene if it contains offensive, vulgar or dirty language. Schools cannot ban distribution of publications that promote a particular religious belief.

Teachers and the Law, 8 th Edition Schimmel, D., Stellman, L., Fischer, L. s © 2011 Pearson Education, Inc. All Rights Reserved Screening of Student Publications Courts held that any requirement for screening must clearly state the following: how students are to submit proposed materials to the administration a brief period of time during which the administration makes its decision clear and reasonable method of appeal brief appeal time to make decision

Teachers and the Law, 8 th Edition Schimmel, D., Stellman, L., Fischer, L. s © 2011 Pearson Education, Inc. All Rights Reserved Essential Question How do you assess school policies that will establish reasonable guidelines for freedom of expression?