• [ network ]
  • goatmatrix.net
  • gvid.tv
  • img.gvid.tv
  • games.gvid.tv
  • apps.gvid.tv
HomeUploadUpload URLHotlinkRandomAbouttheme toggle
Expand

7 Things You Should Know About Free Speech in Schools: Free Speech Rules (Episode 1)

Views:1420
@ReasonVids2

Watch the first episode of Free Speech Rules, a new video series on free speech and the law. The first episode looks at the seven things you should know about how the First Amendment is applied in schools, from black armbands to 'Bong Hits 4 Jesus.'

--------------------
Subscribe to our YouTube channel: http://youtube.com/reasontv
Like us on Facebook: https://www.facebook.com/Reason.Magaz...
Follow us on Twitter: https://twitter.com/reason
Subscribe to our podcast at Apple Podcasts: https://goo.gl/az3a7a

Reason is the planet's leading source of news, politics, and culture from a libertarian perspective. Go to reason.com for a point of view you won't get from legacy media and old left-right opinion magazines.
----------------

Here are the Seven Rules of Free Speech in Schools

  1. Political and religious speech is protected (Mostly)

Students, from first grade to twelfth, can’t be punished based on their political or religious speech. As the Supreme Court said in the Tinker case, “It can hardly be argued that ... students ... shed their constitutional rights... at the schoolhouse gate.”

This protects, for instance,
Wearing black armbands to protest a war
Distributing religious messages to classmates between classes.
Or criticizing a teacher over lunch.

  1. Disruptive speech is not protected

But schools can punish speech that “materially disrupts schoolwork,” for instance because it prompts fights.

That’s why some lower courts have let schools ban clothing that displays Confederate flags, and in one case even clothing that displays an American flag on Cinco de Mayo, when that display led to violence.

That’s a kind of “heckler’s veto,” where threats against a speaker are used by the government to justify restricting the speaker rather than the threateners. Usually the government can’t impose such a heckler’s veto—but the rule in schools seems to be different.

  1. Vulgar or sexual speech is not protected

Schools can also punish students for using vulgarities or sexual innuendos.

  1. Praising drugs is not protected

Schools can punish speech that seems to praise drug use, and probably also alcohol use and other crimes, at least when the speech doesn’t seem political. That’s from Morse v. Frederick, where the Supreme Court said a school could suspend a student for holding up a banner that read “BONG HiTS 4 JESUS.”

So “legalize marijuana” is probably okay; while “marijuana is awesome” probably isn’t.

  1. Official school newspapers are the school’s own speech

You may have the right to speak at school, but you don’t have the right so speak in the school newspaper. Courts see the newspaper as the school’s own speech, even if students are the ones who write it. The principal has ultimate control over what goes in the newspaper, and can delete or edit any article for pretty much any reason.

  1. This Only Applies to Public Schools

Everything said so far deals with public schools. Under the so-called “state action doctrine” the First Amendment doesn’t limit private schools, even ones that get tax breaks or government funds.

The first words of the First Amendment are “Congress shall make no law ...”—that applies to the federal government. The Fourteenth Amendment basically says no “state” shall violate people’s rights—that applies the First Amendment to state and local governments. But the Constitution generally doesn’t constrain private property owners, private landlords, private schools, or anyone else.

  1. California is different

And...it’s all different in California. Sure, everything is different in California, but what I mean is that everything I’ve said so far is the constitutional minimum that all states must provide. Some states have passed laws that provide more protection to students. In California, for instance,

High school students generally can’t be punished for their speech even if it provokes other students into acting disruptively.
They generally can’t be punished for speech about drugs or alcohol, or even vulgar speech And public school newspapers are mostly free from being censored by the administration. Student newspapers are protected in some other states, too

Indeed, in California, all the student speech protections -- but not the student newspaper speech protections -- apply to private high school students as well (but not in religious high schools.)

That’s the law of free speech in school, cobbled together by the Court and a few legislatures over the last 50 years or so.

Written by Eugene Volokh, a First Amendment law professor at UCLA.
Produced and edited by Austin Bragg, who is not.

This is not legal advice.
If this were legal advice, it would be followed by a bill.
Please use responsibly.

For full text, visit https://reason.com/reasontv/2018/12/13/free-speech-rules-free-speech-in-schools

libertarian
,
reason magazine
,
reason.com
,
reason.tv
,
reasontv
    Movie Night
    Thumbnail for A Crackdown on Cash and Bitcoin? Curbing Crime vs. Empowering the Surveillance State1:33:03
    A Crackdown on Cash and Bitcoin? Curbing Crime vs. Empowering the Surveillance State
    ReasonVids
    1135 views
    Thumbnail for Ep. 2614a - The [CB] & Biden Administration Are Trapped In Their Agenda, Inflation Nation | X22report16:12
    Ep. 2614a - The [CB] & Biden Administration Are Trapped In Their Agenda, Inflation Nation | X22report
    bitchute_topics
    1492 views
    Thumbnail for Why Libertarians Should Want *More* Trust in Government3:01
    Why Libertarians Should Want *More* Trust in Government
    ReasonVids
    1382 views
    Thumbnail for Wranglerstar Ask Me Anything | Wranglerstar2:10:06
    Wranglerstar Ask Me Anything | Wranglerstar
    Invidious8
    235 views
    Thumbnail for Taco Truck Takedown: Why is the LAPD hassling food carts?2:34
    Taco Truck Takedown: Why is the LAPD hassling food carts?
    ReasonVids
    1496 views
    Thumbnail for Kennedy Goes on Howard Stern: A Reading by Scott Adsit12:23
    Kennedy Goes on Howard Stern: A Reading by Scott Adsit
    ReasonVids2
    1547 views
    Thumbnail for 【DinTer】11/3 覆盤世界大賽 T1 VS BLG 五冠王Faker成魔之路 小丑竟是我自己 | Dinter2:05:37
    【DinTer】11/3 覆盤世界大賽 T1 VS BLG 五冠王Faker成魔之路 小丑竟是我自己 | Dinter
    invidious1
    883 views
    Thumbnail for Lamb Birria Pie for Babe with @SunbeamAustraliaNZ | Andy Cooks1:00
    Lamb Birria Pie for Babe with @SunbeamAustraliaNZ | Andy Cooks
    Invidious9
    914 views
    Thumbnail for 🔥 Cozy Fireplace 4K (LIVE 24/7). Fireplace with Crackling Fire Sounds. Christmas Fireplace 2024 | FOBOS PLANET1:00
    🔥 Cozy Fireplace 4K (LIVE 24/7). Fireplace with Crackling Fire Sounds. Christmas Fireplace 2024 | FOBOS PLANET
    Invidious6
    1260 views
    Thumbnail for Low budget self-checkout | Viva La Dirt League3:03
    Low budget self-checkout | Viva La Dirt League
    invidious
    643 views
    Thumbnail for Hong Kong's Fight for Freedom Against China's Authoritarianism11:59
    Hong Kong's Fight for Freedom Against China's Authoritarianism
    ReasonVids
    1715 views
    Thumbnail for HW News - NVIDIA Keeps "Fixing" Its Drivers, AMD Threadripper, RX 9070 GRE, Intel Layoffs | Gamers Nexus26:50
    HW News - NVIDIA Keeps "Fixing" Its Drivers, AMD Threadripper, RX 9070 GRE, Intel Layoffs | Gamers Nexus
    invidious1
    366 views
    Thumbnail for Văn Toàn - Văn Vỹ - Nguyễn Xuân Son & HLV Kim Sang sik ở AFF Cup | Vlog Minh Hải39:48
    Văn Toàn - Văn Vỹ - Nguyễn Xuân Son & HLV Kim Sang sik ở AFF Cup | Vlog Minh Hải
    invidious1
    923 views
    Thumbnail for Intro to Flux | JuliaHub21:17
    Intro to Flux | JuliaHub
    Invidious8
    55 views
    Thumbnail for Platinum From Meteorite | Cody'sLab22:23
    Platinum From Meteorite | Cody'sLab
    Invidious8
    59 views
    Thumbnail for I tried to EAT HEALTHY for $20 Dollars A Week, Here's What Happened... | Buff Dudes10:02
    I tried to EAT HEALTHY for $20 Dollars A Week, Here's What Happened... | Buff Dudes
    Invidious8
    63 views
    Thumbnail for 24/7 Relaxing Christmas Ambience🎅Instrumental Christmas background Music 🎁Christmas Carol Music 2024 | Soothing Christmas Music1:00
    24/7 Relaxing Christmas Ambience🎅Instrumental Christmas background Music 🎁Christmas Carol Music 2024 | Soothing Christmas Music
    invidious1
    1022 views
    Thumbnail for DEAD SPACE REMAKE PS5 Walkthrough Gameplay Part 13 - LAUNCHING THE ASTEROID (FULL GAME) | theRadBrad36:20
    DEAD SPACE REMAKE PS5 Walkthrough Gameplay Part 13 - LAUNCHING THE ASTEROID (FULL GAME) | theRadBrad
    Invidious8
    54 views
    Thumbnail for How to Survive Being Lost at Sea | BRIGHT SIDE10:13
    How to Survive Being Lost at Sea | BRIGHT SIDE
    Invidious9
    1004 views
    Thumbnail for From Priest to Scientist: An Interview with Dr. Francisco J. Ayala9:18
    From Priest to Scientist: An Interview with Dr. Francisco J. Ayala
    ReasonVids2
    1488 views
    Thumbnail for Meanwhile in Communist Melbourne a man with a hammer knocks down a security CBD camera!0:42
    Meanwhile in Communist Melbourne a man with a hammer knocks down a security CBD camera!
    AOUisgay
    883 views
    Thumbnail for Sam Tanenhaus on The Death of Conservatism8:43
    Sam Tanenhaus on The Death of Conservatism
    ReasonVids3
    1484 views
    Thumbnail for Blender artists be like          (part 2) | Fractal Paradox0:46
    Blender artists be like (part 2) | Fractal Paradox
    invidious1
    1078 views
    Thumbnail for 【#週末大爆卦】美關稅吃定綠? 趙少康嗆賴清德敢不敢做這反擊?台派主持人罵綠廢物?陳揮文籲藍做1事打臉賴政府!綠籲朝野團結曹興誠還在亂?20250406 @大新聞大爆卦HotNewsTalk​ | 大新聞大爆卦2:01:21
    【#週末大爆卦】美關稅吃定綠? 趙少康嗆賴清德敢不敢做這反擊?台派主持人罵綠廢物?陳揮文籲藍做1事打臉賴政府!綠籲朝野團結曹興誠還在亂?20250406 @大新聞大爆卦HotNewsTalk​ | 大新聞大爆卦
    invidious
    446 views
    Thumbnail for C Programming Tutorial 93 - Refactoring6:29
    C Programming Tutorial 93 - Refactoring
    Invidious8
    51 views

points

Permalink
Reply
libertarian
,
reason magazine
,
reason.com
,
reason.tv
,
reasontv
TOS  •  Add Keywords  •  Donate  •   Analytics  •   DMCA  •   Puzzle