1. Student Freedom of Speech
Yvette Johnson

2. What is Freedom of Speech?
Derived from the First Amendment to the U.S. Constitution which provides, in part, “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, … or the right of the people peaceably to assemble, and to petition the government…..”
(Essex, 2016)

3. This protection is for both direct speech and indirect speech which would include expressions or actions.
(Essex, 2016)

4. Texas v. Johnson (1989) Held:
Even offensive speech such as flag burning is protected by the First Amendment..
To protest the policies of the Reagan administration, Gregory Lee Johnson burned an American flag outside of the Dallas City Hall. He was arrested for this act, but argued that it was symbolic speech. The Supreme Court agreed, ruling that symbolic speech is constitutionally protected even when it is offensive.
(uscourts.gov)
Texas v. Johnson (1989)

5. Freedom of speech includes the right:
Not to speak (specifically, the right not to salute the flag).
West Virginia Board of Education v. Barnette, 319 U.S. 624 (1943).
To protest war (“Students do not shed their constitutional rights at the schoolhouse gate.”).
Tinker v. Des Moines, 393 U.S. 503 (1969).
To use certain offensive words and phrases to convey political messages.
Cohen v. California, 403 U.S. 15 (1971).
To engage in symbolic speech, (e.g., burning the flag in protest).
Texas v. Johnson, 491 U.S. 397 (1989); United States v. Eichman, 496 U.S. 310 (1990).
(uscourts.gov)
Freedom of speech includes the right:

6. Freedom of speech does NOT include the right:
To incite actions that would harm others (e.g., “Shouting fire’ in a crowded theater.”).
Schenck v. United States, 249 U.S. 47 (1919).
To make or distribute obscene materials.
Roth v. United States, 354 U.S. 476 (1957).
To permit students to print articles in a school newspaper over the objections of the school administration.
Hazelwood School District v. Kuhlmeier, 484 U.S. 260 (1988).
Of students to make an obscene speech at a school-sponsored event.
Bethel School District #43 v. Fraser, 478 U.S. 675 (1986).
Of students to advocate illegal drug use at a school-sponsored event.
Morse v. Frederick, __ U.S. __ (2007).
(uscourts.gov)
Freedom of speech does NOT include the right:

7. Unprotected Speech Speech that incites violence Obscene speech
Liable speech - making false statements, malicious intent)
Unprotected Speech

8. Bethel School District v. Fraser (1987)
Held:
Students do not have a First Amendment right to make obscene speeches in school.
Matthew N. Fraser, a student at Bethel High School, was suspended for three days for delivering an obscene and provocative speech to the student body. In this speech, he nominated his fellow classmate for an elected school office. The Supreme Court held that his free speech rights were not violated.
Bethel School District v. Fraser (1987)

9. Landmark Supreme Court Cases

10. Tinker v. Des Moines (1969) Held:
Students do not leave their rights at the schoolhouse door.
To protest the Vietnam War, Mary Beth Tinker, her brother John Tinker, and Chris Eckhardt decided to wear black armbands to school in protest of the Vietnam War. Fearing a disruption, the school administration prohibited wearing such armbands. The students were suspended from school when they failed to comply. The Tinker family filed a lawsuit and the Supreme Court ruled that their actions were protected by the First Amendment.
(uscourts.gov)
Tinker v. Des Moines (1969)

11. Still widely referenced today...
For many years, South Carolina schools cited this case as a reason to allow students to continue in displaying the confederate rebel flag until racially charged violence including the killing of nine African American parishioners prompted state authorities to have the Confederate flag to be removed from Statehouse grounds.
Soon afterwards, the Charleston County School District banned students from displaying the confederate flag emblem on campus.
(Post and Courier, 2015)

12. Prayer in Schools

13. Held:
School initiated-prayer in the public school system violates the First Amendment.
In the New York school system, each day began with a nondenominational prayer acknowledging dependence upon God. This action was challenged in Court as an unconstitutional state establishment of religion in violation of the First Amendment. The Supreme Court agreed, stating that the government could not sponsor such religious activities.
(uscourts.gov)
Engel v. Vitale (1962)

14. Santa Fe Independent School District v. Doe (2000)
Held:
Students may not use a school's loudspeaker system to offer student-led, student-initiated prayer.
Before football games, members of the student body of a Texas high school elected one of their classmates to address the players and spectators. These addresses were conducted over the school's loudspeakers and usually involved a prayer. Attendance at these events was voluntary. Three students sued the school arguing that the prayers violated the Establishment Clause of the First Amendment. A majority of the Court rejected the school's argument that since the prayer was student initiated and student led, as opposed to officially sponsored by the school, it did not violate the First Amendment. The Court held that this action did constitute school-sponsored prayer because the loudspeakers that the students used for their invocations were owned by the school.
(uscourts.gov)
Santa Fe Independent School District v. Doe (2000)

15. School Newspapers

16. Hazelwood v. Kuhlmeier (1988)
Held:
Administrators may edit the content of school newspapers.
The principal of Hazelwood East High School edited two articles in the school paper, The Spectrum, that he deemed inappropriate. The student authors argued that this violated their First Amendment right to freedom of speech. The Supreme Court disagreed, stating that administrators can edit materials that reflect school values.
(uscourts.gov)
Hazelwood v. Kuhlmeier (1988)

17. The way freedom of speech in schools is viewed has changed throughout the years since the Bill of Rights and is likely to change again as the members of the Supreme Court changes and new cases are brought before the high court.

18. References
Essex, N. L. (2016) School Law and the Public Schools: A practical guide for educational leaders. Memphis, TN
Petersen, B. (2015, August 17). Charleston schools say no to Confederate flag displays. The Post and Courier.
Retrieved from
United States Courts. (2016) Educational Activities: Supreme Court Landmarks. Retrieved from
United States Courts. (2016) Educational Activities: Facts and Case Summary - Hazelwood v.
Kuhlmeier. Retrieved from and-case-summary-hazelwood-v-kuhlmeier