• [ network ]
  • submatrix.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:1633
@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
    1247 views
    Thumbnail for Attempt #1 on Scratch Get Over It10:10
    Attempt #1 on Scratch Get Over It
    SegOverride_Gaming
    624 views
    Thumbnail for Weirdest Things Xbox Hackers Have Done | TheGamer10:33
    Weirdest Things Xbox Hackers Have Done | TheGamer
    invidious
    1356 views
    Thumbnail for Exploring Deepika Padukone’s Fav Spots In Bengaluru with @keentoeat 🤤 | DCT EATS0:55
    Exploring Deepika Padukone’s Fav Spots In Bengaluru with @keentoeat 🤤 | DCT EATS
    invidious1
    1485 views
    Thumbnail for What Actually Happens At A Metal Detecting Convention? | UnConventional | Max Fosh9:31
    What Actually Happens At A Metal Detecting Convention? | UnConventional | Max Fosh
    invidious1
    1423 views
    Thumbnail for Donald Trump and the Coming Battle Over Legal and Illegal Immigration: Q&A with Shikha Dalmia7:31
    Donald Trump and the Coming Battle Over Legal and Illegal Immigration: Q&A with Shikha Dalmia
    ReasonVids3
    2207 views
    Thumbnail for Star TV - Canlı Yayın (Full HD) | STAR TV1:00
    Star TV - Canlı Yayın (Full HD) | STAR TV
    Invidious8
    153 views
    Thumbnail for Border Patrol Said 5 Bullets Were “Munitions of War” and Seized this American’s Truck3:28
    Border Patrol Said 5 Bullets Were “Munitions of War” and Seized this American’s Truck
    IJvids
    2137 views
    Thumbnail for LIVE: BEACH, PLEASE! FESTIVAL 2024 — DAY 3 | BEACH, PLEASE! Festival11:55:01
    LIVE: BEACH, PLEASE! FESTIVAL 2024 — DAY 3 | BEACH, PLEASE! Festival
    invidious1
    716 views
    Thumbnail for I Made Minecraft, but It's 4D | Mashpoe13:48
    I Made Minecraft, but It's 4D | Mashpoe
    invidious
    1596 views
    Thumbnail for Would you consider this satisfying or disturbing? | TikTacti0:26
    Would you consider this satisfying or disturbing? | TikTacti
    Invidious6
    1322 views
    Thumbnail for 2 Rooks Vs 8 Pawns | Who Will Win? | Chess Kings2:34
    2 Rooks Vs 8 Pawns | Who Will Win? | Chess Kings
    Invidious9
    1644 views
    Thumbnail for Minecraft RTX 24% ARROWHEAD LOOP #Shorts | Jake Fellman0:08
    Minecraft RTX 24% ARROWHEAD LOOP #Shorts | Jake Fellman
    invidious
    1420 views
    Thumbnail for Back to the Past | Solid jj2:33
    Back to the Past | Solid jj
    invidious
    1570 views
    Thumbnail for Headshots vs. Shields [Halo 3] Quick Tip! | Matt Cole Gaming3:07
    Headshots vs. Shields [Halo 3] Quick Tip! | Matt Cole Gaming
    invidious
    644 views
    Thumbnail for “It doesn’t work unless EVERYONE takes part in it!”1:23
    “It doesn’t work unless EVERYONE takes part in it!”
    bestofupgoat
    223 views
    Thumbnail for 🔴 Live GOLD Signals | Free 5m Chart XAUUSD Forex Trading Analysis & Prediction | Infinity Algo1:00
    🔴 Live GOLD Signals | Free 5m Chart XAUUSD Forex Trading Analysis & Prediction | Infinity Algo
    invidious1
    1582 views
    Thumbnail for Advance Your Political Career by Hassling Small Soap Makers! (Nanny of the Month, May ‘15)1:58
    Advance Your Political Career by Hassling Small Soap Makers! (Nanny of the Month, May ‘15)
    ReasonVids2
    2029 views
    Thumbnail for British Shows Comedy Bloopers | Yeek27:04
    British Shows Comedy Bloopers | Yeek
    Invidious7
    1541 views
    Thumbnail for Coronavirus Is the Health of the State2:42
    Coronavirus Is the Health of the State
    ReasonVids3
    1871 views
    Thumbnail for 🔴 LIVE: Non-stop Classic Top Gear Moments | Top Gear Classic1:00
    🔴 LIVE: Non-stop Classic Top Gear Moments | Top Gear Classic
    invidious1
    586 views
    Thumbnail for My name is Giovanni Giorgio but... Passion for PC games | SheshiBesh0:49
    My name is Giovanni Giorgio but... Passion for PC games | SheshiBesh
    invidious1
    271 views
    Thumbnail for DNA Evidence Frees Black Man Convicted Of Bear Attack | The Onion2:07
    DNA Evidence Frees Black Man Convicted Of Bear Attack | The Onion
    invidious1
    700 views
    Thumbnail for The First 10 Seconds of the Universe | Sciencephile the AI9:31
    The First 10 Seconds of the Universe | Sciencephile the AI
    invidious1
    1459 views
    Thumbnail for 🔴 [LIVE] ห้องข่าวภาคเที่ยง | วันที่ 16  เมษายน 2568 | Ch7HDNews1:00
    🔴 [LIVE] ห้องข่าวภาคเที่ยง | วันที่ 16 เมษายน 2568 | Ch7HDNews
    invidious1
    567 views

points

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