The First Amendment "I'll need to see that before it goes to press." Almost every journalism student in America hears these ten inevitable words before the distribution of their school's newspapers. Recently, student journalists have been heavily censored due to the 1988 Hazelwood v. Kuhlmeier Supreme Court decision. One of the major consequences of this decision was that since the Supreme Court felt that the First Amendment, stating that, "Congress shall make no law…abridging the freedom of speech or of the press," (Amendment I, A6), was no longer sufficient to protect student journalists, the states would have to figure out a solution themselves (Foerstel 217). Journalism students across the country are seeing the effects of the Hazelwood decision through administrative censorship of their school's newspaper. In 1988, the Unites States Supreme Court made the decision that, "High School principal's deletion from school-sponsored student newspaper of pages containing articles he reasonably considered objectionable held not violate students' First Amendment rights," (Hazelwood). Earlier, in 1987, the May 13th edition of Hazelwood East's newspaper was scheduled to contain articles student's experiences with pregnancy and divorce. The principal decided to withhold these articles from the final edition of the newspaper, on the basis that they were deemed obscene (Hazelwood). The students fought the censorship, saying that for something to be legally obscene, it must be "patently offensive, appeal to prurient interest, and, taken as a whole, lack serious literary, artistic, political, or scientific values," (Martinson 3). The students took the principal to court, claiming that he violated their First Amendment rights. Evidently, the students lost the long-fought battle in court, whose decision forever hindered student journalists' voices in the media. The ongoing fight for student freedom of expression was not just evident in the Hazelwood case, but was evident in many cases before it. Only three years before, in the case of Bethel v. Fraser, the United States Supreme Court said: Schools must teach by example the shared values of a civilized social order and to this end the constitutional rights of students in public schools are not automatically coextensive with the rights of adults and other settings (Foerstel 219). This decision only infuriated student journalists, so they started publishing more controversial material in their newspapers. Since the 1970s and early 1980s were times of freedom for students to print controversial material in newspapers, students fought to retail this freedom after Bethel (Simpson).
This is a case of great importance because it addresses the issue of the broadness of the First Amendment as well as student’s freedom of speech rights being limited based on vicinity and because they are students. From this case it can be concluded that the courts were indecisive in their decision making process and that they will continue to interpret the First Amendment to their suiting and not as it is written. Finally, schools do need to have the right to enforce policies that are beneficial to the students.
Fraser (1986). During a student assembly, Senior, Matthew Fraser gave a campaign speech to elect his friend to student government. Fraser’s speech was rife with sexual innuendo. Consequently he was suspended and his name removed from the list of possible graduation speakers—he was second in his class at the time. In this case, the Court established that there is a monumental difference between the First Amendment protection of expression for “dealing with a major issue of public policy and the lewdness of Fraser’s speech” (“Key Supreme Court Cases,” 2015). Comparatively, Foster’s high school points out that there is a monumental difference between Foster’s desire to express his individuality and impress girls, and the school’s desire to regulate the serious public concern of gang activity within the school. Indeed, in the petitioner’s application of Tinkering and Chalifoux court cases, the defense notes, in both First Amendment cases the students were addressing a major public issue—political and religion statements. Foster’s message of individuality, however, decidedly lacked a message that would safeguard his First Amendment
"First Amendment Schools: The Five Freedoms - Court Case." First Amendment Schools: The Five Freedoms - Court Case. N.p., n.d. Web. 23 Feb. 2014.
It was irrational for these students to be suspended from the school. The high school students named John F. Tinker, who was fifteen-years-old, John’s younger sister Mary Beth Tinker, who was thirteen-years-old, and their friend Christopher Eckhardt, who was sixteen years old, should not have been suspended. They were under the protection of the First Amendment. The parents of those students sued the school district for violating the students’ right of expressions and sought an injunction to prevent the school from decupling the students. The Supreme Court of the United Sates stepped in and the question of law was if. They ruled in the favor of the Tinker’s because it was in a seven to two decision "Tinker V. Des Moines Independent Community School District."
The common reading of the First Amendment is that commitment to free speech is not the acceptance of only non-controversial expressions that enjoy general approval. To accept a commitment to the First Amendment means, in the words of Justice Holmes, “freedom for what we hate.” As quoted in Students’ Right to Read (NCTE, 1982), “Censorship leaves students with an inadequate and distorted picture of the ideals, values, and problems of their culture. Writers may often be the spokesmen of their culture, or they may stand to the side, attempting to describe and evaluate that culture. Yet, partly because of censorship or the fear of censorship, many writers are ignored or inadequately represented in the public schools, and many are represented in anthologies not by their best work but by their safest or least offensive work.” What are the issues involved in censorship?
Which include danger to the school or any of the students and this should be the only way teachers and schools can restrict students’ rights. but schools tend to go too far restricting students’ rights “The principal had ordered the stories removed from the paper because he believed the story about teen pregnancy was inappropriate for some of the younger students at the school, based on its discussion of sexual activity and birth control”(What are the free expression rights of students in public schools under the First Amendment?) a student though that this was appropriate for the school to read and it was but the officials at the school did not think the same way. also another case Bazaar v. Fortune officials tried to stop publication of a book just because it had a few words in it that they did not like.(The First Amendment and Public Schools) this is taking there restrictions just too far. The government should be able to set guidelines of what the immediate danger is and what kind of expression goes way too far and have it sent out to all the schools in the United States. This might help schools from restricting our
This piece argues most of the significant cases that are involved with the first amendment rights of public school students; it also shows all the cases that affect and gives significant information on all the...
Herbeck, Tedford (2007). Boston College: Freedom of Speech in the United States (fifth edition) Zacchini vs. Scripps-Howard Broadcasting Company 433 U.S. 562 Retrieved on March 2, 2008 from http://www.bc.edu/bc_org/avp/cas/comm/free_speech/zacchini.html
Minersville provides a very interesting backdrop to subsequent cases with graver overtones of censorship. The Minersville case was brought by the father of Lillian and William Gobitis, on their behalf, against the public schools of Minersville, Pennsylvania. The Gobitis children, Jehovah's Witnesses, were brought up to believe that scripture forbade saluting a flag. They refused to observe the Pledge of Allegiance and were expelled from the public school system, forcing their father to enroll them in private schools (23-25).
Price, Janet, Alan Levine, and Eve Cary. The Rights of Students. Carbondale, Il.: Southern Illinois University Press, 1988.
...the school district. The Supreme Court decided that since the newspaper was written as part of a journalism class, it was reasonable for the school to censor it (Gaynor).
Kochman, S. M. (1997). What happens when a high school censors. English Journal 86 (2), 58-60.
What does the law say on matters of censorship in schools? The most recent Supreme Court Decision on the matter took place in April of 1983. Matthew N. Fraser a student at Bethel High School in Pierce County, Washington delivered a speech to his fellow class mates that contained several sexual metaphors and innuendos. Matthew was in turn suspended from school for three days. The issue of free speech was brought up, and the case was brought before the Supreme Court. The Court ruled in favor of the School, and the su...
Fraser's father brought action against the school board in the United States District Court for the Western District of Washington. He alleged the suspension and punishment were a violation of his son's First Amendment right to freedom of speech. The father sought injunctive and monetary damages under 42 U.S.C. of 1983. The district court awarded the student $278 in damages, $12,750 in litigation costs and attorney's fees, and ordered the school district not to prevent the student from speaking at the commencement ceremonies.
"Protecting Freedom of Expression on the Campus” by Derek Bok, published in Boston Globe in 1991, is an essay about what we should do when we are faced with expressions that are offensive to some people. The author discusses that although the First Amendment may protect our speech, but that does not mean it protects our speech if we use it immorally and inappropriately. The author claims that when people do things such as hanging the Confederate flag, “they would upset many fellow students and ignore the decent regard for the feelings of others” (70). The author discusses how this issue has approached Supreme Court and how the Supreme Court backs up the First Amendment and if it offends any groups, it does not affect the fact that everyone has his or her own freedom of speech. The author discusses how censorship may not be the way to go, because it might bring unwanted attention that would only make more devastating situations. The author believes the best solutions to these kind of situations would be to