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Chapter 39

Chapter 39. Expressions in Special Places. Special Places. Schools, Military Bases, & Prisons present special 1 st Amendment problems You can usually exercise your rights in these places as long as the expressions does NOT interfere with the purpose of the facility.

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Chapter 39

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  1. Chapter 39 Expressions in Special Places

  2. Special Places • Schools, Military Bases, & Prisons present special 1st Amendment problems • You can usually exercise your rights in these places as long as the expressions does NOT interfere with the purpose of the facility

  3. 1st Amendment in Public Schools • Tinker v. Des Moines School District (1969) ~ the US Supreme Ct decided that the right to freedom of expression “does NOT end at the schoolhouse gate” • Student’s right to Free Speech COULD be restricted when the school could show that the students’ conduct would “materially and substantially disrupt” the educational process

  4. Hazelwood v. Kulmeier (1988) • School newspaper censorship case • US Supreme Ct ruled that school officials could have editorial control over a school-sponsored newspaper produced in a journalism class • Gives educators editorial control over the style & substance of school-sponsored student speech if their actions are reasonably related to legitimate educational concerns

  5. Censorship & Schools • Found that school publication can NOT be treated as a Public Forum for students: • Schools should not have to permit student speech that is inconsistent with their basic educational needs (i.e. schools could refuse to sponsor student speeches advocating drug or alcohol use) • Schools should be allowed to control expression that students, parents, & the community might reasonable believe that the school has endorsed (i.e. vulgar language in the school newspaper) Also applies to dress codes!!!

  6. 1st Amendment in Prisons & Military • Prisons: prison regulation that interferes with an inmate’s constitutional rights will be upheld as long as it is reasonably related to legitimate PENOLOGICAL (corrections) objectives • Military: regulation prohibited all political speeches & distribution of campaign material • Individual rights are often very limited when balanced against the special needs of the military & prisons for order & discipline

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