• [ 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:1335
@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
    1070 views
    Thumbnail for ONE MAN ARMY - Halo 3 Perfection (44 kills) | FatRat5:04
    ONE MAN ARMY - Halo 3 Perfection (44 kills) | FatRat
    Invidious8
    19 views
    Thumbnail for Africa, Capitalism, and the "Elimination of Poverty": Leon Louw on Africa's Incredible Growth9:35
    Africa, Capitalism, and the "Elimination of Poverty": Leon Louw on Africa's Incredible Growth
    ReasonVids2
    1355 views
    Thumbnail for I Love U - Loving Caliber [Aphmau Official] | Aphmau3:18
    I Love U - Loving Caliber [Aphmau Official] | Aphmau
    kids.topic
    381 views
    Thumbnail for This is The Worst I've Ever Seen You Play | First Class Trouble2:56:04
    This is The Worst I've Ever Seen You Play | First Class Trouble
    invidious
    779 views
    Thumbnail for Kiwi bird #cute #animals | Fur-tastic Moments 1:00
    Kiwi bird #cute #animals | Fur-tastic Moments
    invidious1
    349 views
    Thumbnail for #ENVIVO🔴 | TELEVISTAZO 7PM 11-11-20241:00
    #ENVIVO🔴 | TELEVISTAZO 7PM 11-11-2024
    invidious
    547 views
    Thumbnail for dirtywhiteboy at the tiny ball game0:39
    dirtywhiteboy at the tiny ball game
    bestofupgoat
    284 views
    Thumbnail for The Glow Goat2:13
    The Glow Goat
    bestofvoatxyz
    1141 views
    Thumbnail for I like the way that halo looks on you Frieza | ImmaVegeta1:14
    I like the way that halo looks on you Frieza | ImmaVegeta
    Invidious8
    19 views
    Thumbnail for I don't know why I enjoyed this 0:13
    I don't know why I enjoyed this
    bestofupgoat
    225 views
    Thumbnail for Recalled Gov. Gray Davis: Public-Sector Unions "Can't Overtax the System"3:22
    Recalled Gov. Gray Davis: Public-Sector Unions "Can't Overtax the System"
    ReasonVids3
    1108 views
    Thumbnail for Super Portable Walking-Stick Wood Stoves | NightHawkInLight8:53
    Super Portable Walking-Stick Wood Stoves | NightHawkInLight
    Invidious7
    899 views
    Thumbnail for London Bridge is Falling Down + More Nursery Rhymes & Kids Songs | Beep Beep1:00
    London Bridge is Falling Down + More Nursery Rhymes & Kids Songs | Beep Beep
    Invidious7
    640 views
    Thumbnail for Lego Sets with Confusing Play Features | Alexavier Studios0:40
    Lego Sets with Confusing Play Features | Alexavier Studios
    SoundAndSilenceFan
    212 views
    Thumbnail for ENCISO: JOSÉ BOTO PRECISA TENTAR NOVAMENTE | A MELHOR OPÇÃO PARA DISPUTAR COM ARRASCAETA  | E+ | Luiz Antonio Rubro Negro1:20:05
    ENCISO: JOSÉ BOTO PRECISA TENTAR NOVAMENTE | A MELHOR OPÇÃO PARA DISPUTAR COM ARRASCAETA | E+ | Luiz Antonio Rubro Negro
    invidious1
    296 views
    Thumbnail for BREAKING: Secret Service Fired Shots Over Possible Threat To Biden Granddaughter | Forbes Breaking News2:38
    BREAKING: Secret Service Fired Shots Over Possible Threat To Biden Granddaughter | Forbes Breaking News
    Invidious8
    21 views
    Thumbnail for heres what the MSM  didnt show you!0:54
    heres what the MSM didnt show you!
    bestofupgoat
    327 views
    Thumbnail for Minecraft RTX 24% ARROWHEAD LOOP #Shorts | Jake Fellman0:08
    Minecraft RTX 24% ARROWHEAD LOOP #Shorts | Jake Fellman
    invidious
    756 views
    Thumbnail for When a Brown Eye Gives You Pink Eye | Grunt Speak Shorts12:15
    When a Brown Eye Gives You Pink Eye | Grunt Speak Shorts
    Terrence Popp
    1839 views
    Thumbnail for The Impact of Vergara v. California on the Future of Education - A National School Choice Week Event56:22
    The Impact of Vergara v. California on the Future of Education - A National School Choice Week Event
    ReasonVids
    1397 views
    Thumbnail for Budget Chef Presents: How to Balance the Budget W/O Raising Taxes!2:05
    Budget Chef Presents: How to Balance the Budget W/O Raising Taxes!
    ReasonVids3
    1329 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
    880 views
    Thumbnail for Taco Truck Takedown: Why is the LAPD hassling food carts?2:34
    Taco Truck Takedown: Why is the LAPD hassling food carts?
    ReasonVids
    1436 views
    Thumbnail for Master Chief is the only one who can make jokes | ALYXION0:37
    Master Chief is the only one who can make jokes | ALYXION
    invidious1
    213 views

points

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