• [ 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:1581
@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
    1216 views
    Thumbnail for Attempt #1 on Scratch Get Over It10:10
    Attempt #1 on Scratch Get Over It
    SegOverride_Gaming
    512 views
    Thumbnail for ZOMBIES!3:48
    ZOMBIES!
    bestofvoatxyz
    1979 views
    Thumbnail for Real Nigga Hauling Inc0:59
    Real Nigga Hauling Inc
    bestofupgoat
    248 views
    Thumbnail for Russians Are Salty About Missing the Olympics2:28
    Russians Are Salty About Missing the Olympics
    bestofupgoat
    531 views
    Thumbnail for SHOCKING Violent police bodycam footage EXPOSES media lies9:04
    SHOCKING Violent police bodycam footage EXPOSES media lies
    AOU
    3085 views
    Thumbnail for Keith Olbermann - A Memorial Tribute0:51
    Keith Olbermann - A Memorial Tribute
    ReasonVids
    1144 views
    Thumbnail for Reforma fiscal en manos de diputados violadores de la ley | Altagracia Salazar29:27
    Reforma fiscal en manos de diputados violadores de la ley | Altagracia Salazar
    invidious1
    569 views
    Thumbnail for They care🍃for each other 💕||K drama 🎭~ Family by choice🎶 #kdrama #familybychoice #lisacreation | L I S A creation0:38
    They care🍃for each other 💕||K drama 🎭~ Family by choice🎶 #kdrama #familybychoice #lisacreation | L I S A creation
    invidious
    528 views
    Thumbnail for 【ISSEI’s Teaching】Paper Test hacks✏️ | ISSEI / いっせい0:32
    【ISSEI’s Teaching】Paper Test hacks✏️ | ISSEI / いっせい
    Invidious8
    139 views
    Thumbnail for 8 Tourists Attractions People Have Ruined Forever | BRIGHT SIDE12:58
    8 Tourists Attractions People Have Ruined Forever | BRIGHT SIDE
    Invidious8
    120 views
    Thumbnail for "No one can do what a mother can do and you should be proud of that"0:48
    "No one can do what a mother can do and you should be proud of that"
    AOU
    1430 views
    Thumbnail for Bionic 3rd thumb: The future of human augmentation | Hard Reset12:02
    Bionic 3rd thumb: The future of human augmentation | Hard Reset
    Invidious8
    123 views
    Thumbnail for Funny Escapes From Snookers | Snooker Planet14:33
    Funny Escapes From Snookers | Snooker Planet
    Invidious8
    114 views
    Thumbnail for Chinese Navy Meow's at U.S. military aircraft in South China Sea | Stormzilla0:36
    Chinese Navy Meow's at U.S. military aircraft in South China Sea | Stormzilla
    invidious1
    742 views
    Thumbnail for Toxic Community Kills Another Open Source Project | Mental Outlaw11:19
    Toxic Community Kills Another Open Source Project | Mental Outlaw
    Invidious8
    157 views
    Thumbnail for Costco Fahrenheit: Reborn: Meow meow's Revenge | ToadBurger5:56
    Costco Fahrenheit: Reborn: Meow meow's Revenge | ToadBurger
    Invidious2
    370 views

points

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