• [ 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:1311
@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
    1059 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
    857 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
    861 views
    Thumbnail for UK soldier arrests police officer for murder of children back up saves him and they laugh and grin at the prospect of dead children2:37
    UK soldier arrests police officer for murder of children back up saves him and they laugh and grin at the prospect of dead children
    bestofsaidit
    1238 views
    Thumbnail for 1 € street food that we invented | HONEST GUIDE9:42
    1 € street food that we invented | HONEST GUIDE
    Invidious6
    834 views
    Thumbnail for Dead Rising 2: Off the Record - The Postal Service - Walkthrough Part 23 (Gameplay & Commentary) | theRadBrad11:26
    Dead Rising 2: Off the Record - The Postal Service - Walkthrough Part 23 (Gameplay & Commentary) | theRadBrad
    invidious1
    781 views
    Thumbnail for You don’t have to take your schizo pills you know | FunnyMemeSpot0:15
    You don’t have to take your schizo pills you know | FunnyMemeSpot
    invidious1
    509 views
    Thumbnail for Let the games begin0:40
    Let the games begin
    bestofvoatxyz
    1759 views
    Thumbnail for How the Legal System Is Ruining Plants | Plants in Jars11:02
    How the Legal System Is Ruining Plants | Plants in Jars
    Invidious7
    67 views
    Thumbnail for Iran on the verge of nuclear weapons. Again. For sure this time 0:47
    Iran on the verge of nuclear weapons. Again. For sure this time
    bestofupgoat
    320 views
    Thumbnail for City Zones Popular Mechanic Shop out of Business2:51
    City Zones Popular Mechanic Shop out of Business
    IJvids
    1453 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
    972 views
    Thumbnail for Fareed’s Take: Trump’s tariffs upended a booming economy | CNN6:02
    Fareed’s Take: Trump’s tariffs upended a booming economy | CNN
    invidious1
    345 views
    Thumbnail for Future Trunks (Super Saiyan Rage) vs Zamasu - M.U.G.E.N.2:50
    Future Trunks (Super Saiyan Rage) vs Zamasu - M.U.G.E.N.
    memology101
    1756 views
    Thumbnail for The Simpsons -  Homer's Enemy -  Frank Grimes comes to dinner | dmp862:11
    The Simpsons - Homer's Enemy - Frank Grimes comes to dinner | dmp86
    Invidious8
    861 views
    Thumbnail for Owned0:10
    Owned
    bestofupgoat
    736 views
    Thumbnail for Last Night's Democratic Town Hall in 90 Seconds1:52
    Last Night's Democratic Town Hall in 90 Seconds
    ReasonVids
    1245 views
    Thumbnail for White man in Toronto suffering from a certain type of fatigue when having to deal with African invaders.0:45
    White man in Toronto suffering from a certain type of fatigue when having to deal with African invaders.
    AOUisgay
    1117 views
    Thumbnail for #ENVIVO🔴 | TELEVISTAZO 7PM 11-11-20241:00
    #ENVIVO🔴 | TELEVISTAZO 7PM 11-11-2024
    invidious
    513 views
    Thumbnail for Videos show Iranian missiles hitting Israel | AJ #shorts | Al Jazeera English0:53
    Videos show Iranian missiles hitting Israel | AJ #shorts | Al Jazeera English
    invidious1
    717 views
    Thumbnail for Nice toy0:38
    Nice toy
    bestofvoatxyz
    1819 views
    Thumbnail for Positive Morning 🍂 24/7 Live Stream 🎃 Chill Fall Music to Calm Down by Indie Melody | Indie Melody1:00
    Positive Morning 🍂 24/7 Live Stream 🎃 Chill Fall Music to Calm Down by Indie Melody | Indie Melody
    invidious1
    398 views
    Thumbnail for Music (Bostik Radio Edit)3:32
    Music (Bostik Radio Edit)
    Darude.topic
    204 views
    Thumbnail for Best Volleyball Blocks Ever with Scott Sterling | Studio C3:30
    Best Volleyball Blocks Ever with Scott Sterling | Studio C
    invidious
    876 views
    Thumbnail for Jiren (Dragon Ball Super) vs Broly - MUGEN (Gameplay) S2 • E402:30
    Jiren (Dragon Ball Super) vs Broly - MUGEN (Gameplay) S2 • E40
    memology101
    1733 views

points

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