• [ 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:1455
@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
    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
    1154 views
    Thumbnail for Celine Dion's Sister Says Singer Has No Control of Muscles | Inside Edition2:24
    Celine Dion's Sister Says Singer Has No Control of Muscles | Inside Edition
    invidious
    1171 views
    Thumbnail for The Wrist Game | 3gp Blingee0:18
    The Wrist Game | 3gp Blingee
    invidious1
    1152 views
    Thumbnail for Lamb Birria Pie for Babe with @SunbeamAustraliaNZ | Andy Cooks1:00
    Lamb Birria Pie for Babe with @SunbeamAustraliaNZ | Andy Cooks
    Invidious9
    976 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
    1608 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
    1790 views
    Thumbnail for American Dharma: Errol Morris on Steve Bannon, Cancel Culture, and His History With Theranos22:28
    American Dharma: Errol Morris on Steve Bannon, Cancel Culture, and His History With Theranos
    ReasonVids3
    1606 views
    Thumbnail for Attempt #1 on Scratch Get Over It10:10
    Attempt #1 on Scratch Get Over It
    SegOverride_Gaming
    138 views
    Thumbnail for ONE MAN ARMY - Halo 3 Perfection (44 kills) | FatRat5:04
    ONE MAN ARMY - Halo 3 Perfection (44 kills) | FatRat
    Invidious8
    121 views
    Thumbnail for ๐·°🦈🐚🪸°·๐ #StrayKids #스트레이키즈 #리노 #LeeKnow #현진 #Hyunjin #아이엔 #I_N #LoseMyBreath | Stray Kids0:18
    ๐·°🦈🐚🪸°·๐ #StrayKids #스트레이키즈 #리노 #LeeKnow #현진 #Hyunjin #아이엔 #I_N #LoseMyBreath | Stray Kids
    Invidious6
    900 views
    Thumbnail for Afroman - Lemon Pound Cake (OFFICIAL MUSIC VIDEO) | ogafroman3:54
    Afroman - Lemon Pound Cake (OFFICIAL MUSIC VIDEO) | ogafroman
    Invidious7
    171 views
    Thumbnail for Wranglerstar Ask Me Anything | Wranglerstar2:10:06
    Wranglerstar Ask Me Anything | Wranglerstar
    Invidious8
    301 views
    Thumbnail for We fought the wrong people (1946)3:24
    We fought the wrong people (1946)
    bestofupgoat
    685 views
    Thumbnail for CAN NPCS ENTER SAFEHOUSES IN GTA GAMES | Mr Spring0:46
    CAN NPCS ENTER SAFEHOUSES IN GTA GAMES | Mr Spring
    invidious
    926 views
    Thumbnail for Drew Drechsel at 2012 Finals | American Ninja Warrior | American Ninja Warrior: Ninja vs. Ninja2:28
    Drew Drechsel at 2012 Finals | American Ninja Warrior | American Ninja Warrior: Ninja vs. Ninja
    invidious1
    1277 views
    Thumbnail for How rich is each candidate compared to the average American? | Washington Post Universe0:52
    How rich is each candidate compared to the average American? | Washington Post Universe
    invidious1
    1032 views
    Thumbnail for COVID Is Now A Fetish | Ride and Roast28:08
    COVID Is Now A Fetish | Ride and Roast
    Terrence Popp
    1155 views
    Thumbnail for [김종배의 시선집중][FULL]&[경제적참견시점] 이준석-재보궐선거 무승부&김여사 카톡공방, 진실은|이상훈-상관 성폭력..피해자에 불명예 전역하라는 공군?, MBC241017방송 | MBC 라디오 시사2:37:55
    [김종배의 시선집중][FULL]&[경제적참견시점] 이준석-재보궐선거 무승부&김여사 카톡공방, 진실은|이상훈-상관 성폭력..피해자에 불명예 전역하라는 공군?, MBC241017방송 | MBC 라디오 시사
    Invidious8
    69 views
    Thumbnail for All of Biology in 9 minutes | Sciencephile the AI9:31
    All of Biology in 9 minutes | Sciencephile the AI
    Invidious8
    65 views
    Thumbnail for [DBFZ] When two Vegito players share the same brain frequency... | BohucJG0:26
    [DBFZ] When two Vegito players share the same brain frequency... | BohucJG
    Invidious8
    102 views
    Thumbnail for I have build the Longest Press Forward Map in Trackmania2020 | L4Bomb46:25
    I have build the Longest Press Forward Map in Trackmania2020 | L4Bomb4
    Invidious8
    66 views
    Thumbnail for Second Oldest Trick in Sleight of Hand | susiefilms5:22
    Second Oldest Trick in Sleight of Hand | susiefilms
    invidious1
    502 views
    Thumbnail for Proof that Chris Sawyer, Developer of RollerCoaster Tycoon, Exists | Waldoc1:27
    Proof that Chris Sawyer, Developer of RollerCoaster Tycoon, Exists | Waldoc
    Invidious8
    64 views
    Thumbnail for How to Fix Health Care: Lasik Surgery For The Medical Debate8:43
    How to Fix Health Care: Lasik Surgery For The Medical Debate
    ReasonVids
    1336 views
    Thumbnail for A Perfect Circle - Outsider (Director's Cut) | APerfectCircleVEVO4:09
    A Perfect Circle - Outsider (Director's Cut) | APerfectCircleVEVO
    Invidious7
    185 views

points

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