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Freedom of the Press. By Michael Flax. Hazelwood Sch. Dist.. v. Kuhlmeier , 484 U.S. 260 (_____) . Students produced a school newspaper as part of their journalism class.

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freedom of the press

Freedom of the Press

By Michael Flax

hazelwood sch dist v kuhlmeier 484 u s 260
Hazelwood Sch. Dist.. v. Kuhlmeier, 484 U.S. 260 (_____)
  • Students produced a school newspaper as part of their journalism class.
  • ____________________________________________________________________________________________________________________________________________

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hazelwood v kuhlmeier
Hazelwood v. Kuhlmeier
  • The principal objected to the stories, believing they were ____________________________________________________________________________________________________________________________________________
  • He also believed that the parents of the students quoted in the divorce article should ______________________________________________________________________.

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hazelwood v kuhlmeier reasoning
Hazelwood v. Kuhlmeier-Reasoning
  • Open/ Public Forum- ______________________________________________________________________
  • Closed Forum- ______________________________________________________________________

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hazelwood v kuhlmeier1
Hazelwood v. Kuhlmeier
  • _________________________________________________________________________________________________________
  • Three students sued, claiming a violation of their First Amendment rights under the ___________________________________.

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hazelwood v kuhlmeier2
Hazelwood v. Kuhlmeier
  • Issue:Whether school officials can censor school-sponsored student publications when they believe _____________________________
  • _______________________________________________________________________________________________________________________________________________________________________________.

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hazelwood v kuhlmeier3
Hazelwood v. Kuhlmeier
  • By a _____ vote, the Court held that school officials can censor school-sponsored student publications when they have _________________________________________________________________________________________________________.

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hazelwood v kuhlmeier reasoning1
Hazelwood v. Kuhlmeier-Reasoning
  • There is a fundamental difference between private student speech and student speech that occurs in school-sponsored activities.
  • Educators have greater authority to control school-sponsored student speech because the public might reasonably believe such speech bears "the imprimatur of the school."

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hazelwood v kuhlmeier reasoning2
Hazelwood v. Kuhlmeier-Reasoning
  • Educators "do not offend the First Amendment by exercising editorial control over the style and content of student speech in school-sponsored expressive activities so long as their actions are reasonably related to legitimate pedagogical concerns."

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hazelwood v kuhlmeier reasoning3
Hazelwood v. Kuhlmeier-Reasoning
  • A publication created as part of a class is clearly school-sponsored and a part of the curriculum.
  • The school never adopted a policy whereby the publication simply became a public forum open to any and all views.
  • The school administration thus properly acted as editor of the newspaper.

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hazelwood v kuhlmeier4
Hazelwood v. Kuhlmeier
  • Majority:"A school must also retain the authority to refuse to sponsor student speech that might reasonably be perceived to advocate drug or alcohol use, irresponsible sex, or 'conduct otherwise inconsistent with the shared values of a civilized social order,' or to associate the school with any position other than neutrality on matters of political controversy."
  • (Justice Byron White)

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hazelwood v kuhlmeier5
Hazelwood v. Kuhlmeier
  • Dissent:The dissent argued that the majority erred in making a distinction between student-initiated and school-sponsored speech. The Tinker standard of material and substantial disruption should govern all student free-expression cases.
  • "The case before us aptly illustrates how readily school officials (and courts) can camouflage viewpoint discrimination as the 'mere' protection of students from sensitive topics.“
  • (Justice William Brennan)

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hazelwood v kuhlmeier6
Hazelwood v. Kuhlmeier
  • As a result, administrators now have a great deal of leeway in determining what is and isn’t acceptable material in school-sponsored publications and events, but only if their school has not established a public forum.

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hazelwood v kuhlmeier7
Hazelwood v. Kuhlmeier
  • In other words, if the school has an official policy of prior review in place, or can clearly establish a history of prior review, the Hazelwood standard applies and a greater degree of censorship is allowed. If, however, the school declares itself an open forum for ideas, then the Tinker standard applies.

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work cited
Work Cited
  • http://www.firstamendmentschools.org/freedoms/faq.aspx?id=12818
  • http://www.firstamendmentschools.org/freedoms/case.aspx?id=186
  • http://www.firstamendmentcenter.org/faclibrary/case.aspx?case=Kuhlmeier

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