• [ 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:1428
@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
    1140 views
    Thumbnail for Homers Enemy-Nuclear contest scene+Frank goes crazy3:27
    Homers Enemy-Nuclear contest scene+Frank goes crazy
    clips
    1899 views
    Thumbnail for The History of AEON FLUX: It's NOT For Everyone & That's OK! | Secret Galaxy16:02
    The History of AEON FLUX: It's NOT For Everyone & That's OK! | Secret Galaxy
    invidious1
    558 views
    Thumbnail for 10 Pens, 10 Inks, 10 Drawings! | Peter Draws1:12:05
    10 Pens, 10 Inks, 10 Drawings! | Peter Draws
    invidious1
    87 views
    Thumbnail for Actors that almost got famous roles…🧐 #nostalgia | Jack Stone0:20
    Actors that almost got famous roles…🧐 #nostalgia | Jack Stone
    Invidious8
    79 views
    Thumbnail for How half the US lost part of their minds | Howtown22:28
    How half the US lost part of their minds | Howtown
    Invidious2
    286 views
    Thumbnail for The House finally has a speaker. What can we expect from Louisiana’s Mike Johnson? | GBH News12:49
    The House finally has a speaker. What can we expect from Louisiana’s Mike Johnson? | GBH News
    Invidious8
    67 views
    Thumbnail for Mortal Kombat X Walkthrough Gameplay Part 11 - Tanya - Story Mission 6 (MKX) | theRadBrad11:02
    Mortal Kombat X Walkthrough Gameplay Part 11 - Tanya - Story Mission 6 (MKX) | theRadBrad
    Invidious9
    700 views
    Thumbnail for Illinois Transportation Trade Association v. City of Chicago Press Conference22:41
    Illinois Transportation Trade Association v. City of Chicago Press Conference
    IJvids
    1238 views
    Thumbnail for Tis the season for TND0:54
    Tis the season for TND
    bestofupgoat
    733 views
    Thumbnail for My favorite nigger.  No seriously, this guy is awesome.0:06
    My favorite nigger. No seriously, this guy is awesome.
    bestofupgoat
    651 views
    Thumbnail for Blender artists be like | Fractal Paradox0:24
    Blender artists be like | Fractal Paradox
    invidious1
    668 views
    Thumbnail for Tom Wessels: Reading the Forested Landscape, Part 1 | New England Forests35:29
    Tom Wessels: Reading the Forested Landscape, Part 1 | New England Forests
    Invidious8
    60 views
    Thumbnail for “We have Hawaii at home” 😒🦐 | Ian Fujimoto0:53
    “We have Hawaii at home” 😒🦐 | Ian Fujimoto
    Invidious8
    70 views
    Thumbnail for dirtywhiteboy at the tiny ball game0:39
    dirtywhiteboy at the tiny ball game
    bestofupgoat
    329 views
    Thumbnail for Cozy with a cup: Champurrado hot corn chocolate! Don't eat your grandma's guys! #drinks #mexicanfood | Jose.elcook1:00
    Cozy with a cup: Champurrado hot corn chocolate! Don't eat your grandma's guys! #drinks #mexicanfood | Jose.elcook
    invidious
    418 views
    Thumbnail for ASMR Dermatologist Facial Treatment (Dermarolling) | Latte ASMR27:52
    ASMR Dermatologist Facial Treatment (Dermarolling) | Latte ASMR
    Invidious8
    82 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
    1503 views
    Thumbnail for Sam Tanenhaus on The Death of Conservatism8:43
    Sam Tanenhaus on The Death of Conservatism
    ReasonVids3
    1492 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
    1740 views
    Thumbnail for 10 Times “Experts” LIED About COVID (And We Have RECEIPTS) | The Daily Signal7:16
    10 Times “Experts” LIED About COVID (And We Have RECEIPTS) | The Daily Signal
    Invidious8
    62 views
    Thumbnail for Coronavirus Is the Health of the State2:42
    Coronavirus Is the Health of the State
    ReasonVids3
    1582 views
    Thumbnail for How to install ZenithOS (and also draw in it), a TempleOS distro1:00
    How to install ZenithOS (and also draw in it), a TempleOS distro
    moonchance
    2818 views
    Thumbnail for Power to the Entrepreneurs: A conversation with USD law professor Donna Matias3:49
    Power to the Entrepreneurs: A conversation with USD law professor Donna Matias
    ReasonVids
    1483 views
    Thumbnail for Van Halen - Hot For Teacher (Official Music Video) | Van Halen5:35
    Van Halen - Hot For Teacher (Official Music Video) | Van Halen
    invidious1
    378 views

points

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