1. First Amendment Rights in School
What are your rights at TFN?

2. Freedom of Speech Pure speech – Symbolic speech –
Verbal expression of opinion
Symbolic speech –
Actions or symbols in place of words that express opinion

3. Bethel School District v. Fraser (1986)
At a school assembly of approximately 600 high school students, Matthew Fraser made a speech nominating a fellow student for elective office
In his speech, Fraser used what some observers believed was graphic sexual metaphors to promote the candidacy of his friend
As part of its disciplinary code, Bethel High School enforced a rule prohibiting conduct which “substantially interferes with the educational process…including the use of obscene, profane language or gestures”
Fraser was suspended from school for two days

4. Bethel School District v. Frasier (1986)
Does the First Amendment prevent a school district from disciplining a high school student for giving a lewd speech at a high school assembly?
No, schools may teach socially acceptable behavior and are not held to the same standards as the “real” world
Agree/disagree-2 sentences

5. Karl Beidler v. North Thurston School District (2000)
While completing his junior year at Timberline High School, Karl Beidler created a Web site depicting one of Timberline's assistant principals as a Nazi, drunk, and graffiti artist
After teachers complained about feeling uncomfortable with Beidler in their class and testifying that he found the Web site "appalling and inappropriate", the principal placed Beidler on emergency suspension
Beidler was ultimately transferred to an alternative educational program in his school district, but he was allowed to return to Timberline for his senior year

6. Karl Beidler v. North Thurston School District (2000)
Are students allowed to criticize school officials on a website at home on their own time?
Yes, as long as it doesn’t threaten a school official or incite violence
Agree/disagree-3 sentences

7. When Can the Government Restrict Speech in the Outside World?
If someone says something intended to incite violence or a false emergency
If someone says something that endangers national security or threatens public safety
If someone says something vulgar to an unexpecting audience or makes someone feel physically threatened (hate crime)

8. When Can the Government Restrict Speech in the Outside World?
If someone wears something that disrupts the normal school day
If someone says something false that damages another person’s reputation (slander)
The internet has not yet been regulated by the government

9. Hazelwood School District v. Kuhlmeier (1988)
The Spectrum, the school-sponsored newspaper of Hazelwood East High School, was written and edited by students
In May 1983, Robert E. Reynolds, the school principal, received the pages proofs for the May 13 issue
Reynolds found two of the articles in the issue to be inappropriate for younger students and that the parents who the students commented on didn’t have a chance to respond
The principal ordered that the pages on which the articles appeared be withheld from publication
Cathy Kuhlmeier and two other former Hazelwood East students brought the case to court

10. Hazelwood School District v. Kuhlmeier (1988)
Did the principal's deletion of the articles violate the students' rights under the First Amendment?
No, a principal has a right to monitor school newspapers as long as their actions are reasonable. Schools may teach socially acceptable behavior and are not held to the same standards as the “real” world-agree?

11. When Can the Government Restrict Press in the Outside World?
If someone prints a confidential source and a judge needs to know the name of the source
If a newspaper article endangers national security (no prior restraint – government can’t censor material before it’s printed)
If someone prints something false that damages another person’s reputation (libel)

12. Freedom of Religion Free Exercise Clause – Establishment Clause –
Right to believe in any religion and to practice it
Establishment Clause –
Government cannot sponsor church

13. Lemon v Kurtzman (1971)
In Pennsylvania, a statute provided financial support for teacher salaries, textbooks, and instructional materials for secular subjects to non-public schools
The Rhode Island statute provided direct supplemental salary payments to teachers in non-public elementary schools
Each statute made aid available to "church-related educational institutions."

14. Lemon v Kurtzman (1971)
Can the government provide aid to private schools?
Yes, if…
It is for clear, secular purposes
It’s main effect doesn’t help or hurt religion
It avoids excessive entanglement between church and state
Examples:
It is ok to fund buses
It is not ok to fund Bibles

15. Engel v. Vitale (1962)
The Board of Regents for the State of New York authorized a short, voluntary prayer for recitation at the start of each school day
This was an attempt to defuse the politically potent issue by taking it out of the hands of local communities
The blandest of invocations read as follows: "Almighty God, we acknowledge our dependence upon Thee, and beg Thy blessings upon us, our teachers, and our country"

16. Engel v. Vitale (1962) Can public schools sponsor prayers? No: Yes:
At graduation
On announcements
Yes:
Moment of silence

17. West Virginia Board of Education v. Barnette (1943)
The West Virginia Board of Education required that the flag salute be part of the program of activities in all public schools
All teachers and pupils were required to honor the Flag; refusal to salute was treated as "insubordination" and was punishable by expulsion and charges of delinquency

18. West Virginia Board of Education v. Barnette (1943)
Can schools require students to salute the flag and say the Pledge of Allegiance?
No, no official can force citizens to profess their faith by word or act

19. When Can the Government Restrict Religion in the Outside World?
If someone preaches religion or forces people to pray in a public school
If your religion violates law or fails to protect the health of a minor

20. Board of Education of West Side Schools v Mergens (1990)
The school administration at Westside High School denied permission to a group of students to form a Christian club with the same privileges and meeting terms as other Westside after-school student clubs
In addition to citing the Establishment Clause, Westside refused the club's formation because it lacked a faculty sponsor
When the school board upheld the administration's denial, Mergens and several other students sued

21. Board of Education of West Side Schools v Mergens (1990)
Was Westside's prohibition against the formation of a Christian club consistent with the Establishment Clause?
No, as long as the club is student-led and voluntary

22. When the Government Restrict Assembly Outside of School?
If a demonstration or protest threatens public safety
If people are gathering to discuss plans to incite violence and how to carry out the plans

23. 1st Amendment Rights NOT Allowed
If someone says something intended to incite violence or a false emergency
If someone says something that endangers national security or threatens public safety
If someone says something vulgar to an unexpecting audience or makes someone feel physically threatened (hate crime)
If someone says something false that damages another person’s reputation (slander)
If someone wears something that disrupts the normal school day

24. 1st Amendment Rights NOT Allowed
If someone preaches religion or forces people to pray in a public school
If your religion violates law or fails to protect the health of a minor
If someone prints a confidential source and a judge needs to know the name of the source
If a newspaper article endangers national security (no prior restraint)
If a demonstration or protest threatens public safety
If people are gathering to discuss plans to incite violence and how to carry out the plans