• [ 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:1492
@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
    1172 views
    Thumbnail for Attempt #1 on Scratch Get Over It10:10
    Attempt #1 on Scratch Get Over It
    SegOverride_Gaming
    249 views
    Thumbnail for Santa Monica Evicts Airbnb: The War on Homesharing6:27
    Santa Monica Evicts Airbnb: The War on Homesharing
    ReasonVids3
    1245 views
    Thumbnail for 🔥 Cozy Fireplace 4K (LIVE 24/7). Fireplace with Crackling Fire Sounds. Christmas Fireplace 2024 | FOBOS PLANET1:00
    🔥 Cozy Fireplace 4K (LIVE 24/7). Fireplace with Crackling Fire Sounds. Christmas Fireplace 2024 | FOBOS PLANET
    Invidious6
    1438 views
    Thumbnail for Gods and religions in the Ancient World | Irving Finkel and Lex Fridman | Lex Clips9:50
    Gods and religions in the Ancient World | Irving Finkel and Lex Fridman | Lex Clips
    LexFan
    177 views
    Thumbnail for Mourinho's Revenge against Barcelona. The greatest Revenge in football.😳💀📈 | BallBlitz0:55
    Mourinho's Revenge against Barcelona. The greatest Revenge in football.😳💀📈 | BallBlitz
    Invidious8
    84 views
    Thumbnail for Charge - Blender Open Movie4:23
    Charge - Blender Open Movie
    poasttv.topic
    1002 views
    Thumbnail for Get them off the roads! | Richard Vobes7:20
    Get them off the roads! | Richard Vobes
    Invidious8
    80 views
    Thumbnail for Pauline #woodwork #carving #boat #ireland #carving #howth #howth17 | Eoin Reardon0:55
    Pauline #woodwork #carving #boat #ireland #carving #howth #howth17 | Eoin Reardon
    kids.topic
    357 views
    Thumbnail for Travis Head brings up his 9th Test hundred, 2nd of this series! | #AUSvINDOnStar | Star Sports0:36
    Travis Head brings up his 9th Test hundred, 2nd of this series! | #AUSvINDOnStar | Star Sports
    Invidious8
    121 views
    Thumbnail for Conversations with Ray | Episode 6 | Angels & Demons | CENSORED12:38
    Conversations with Ray | Episode 6 | Angels & Demons | CENSORED
    invidious1
    472 views
    Thumbnail for Not me forgetting I had a pimple patch on🤦🏻‍♂️ | Ian Fujimoto0:54
    Not me forgetting I had a pimple patch on🤦🏻‍♂️ | Ian Fujimoto
    Invidious8
    82 views
    Thumbnail for 4K画質【サンデータルコフ】弟者の「Escape from Tarkov(タルコフ) 」【2BRO.】 | 兄者弟者2:45:40
    4K画質【サンデータルコフ】弟者の「Escape from Tarkov(タルコフ) 」【2BRO.】 | 兄者弟者
    Invidious6
    455 views
    Thumbnail for Ohio Supreme Court Says Boneless Wings Have Bones | LegalEagle0:58
    Ohio Supreme Court Says Boneless Wings Have Bones | LegalEagle
    Invidious6
    569 views
    Thumbnail for This Is The Way | Kids Songs | Super Simple Songs2:19
    This Is The Way | Kids Songs | Super Simple Songs
    kids.topic
    445 views
    Thumbnail for Pillowcase Edging Crochet Tutorial: Shells and Flowers | Knit and Crochet Ever After34:53
    Pillowcase Edging Crochet Tutorial: Shells and Flowers | Knit and Crochet Ever After
    Invidious8
    95 views
    Thumbnail for Σετ Νυχτικά και Πιτζάμες Εγκυμοσύνης από το CASUALO.GR #2 | CASUALO0:40
    Σετ Νυχτικά και Πιτζάμες Εγκυμοσύνης από το CASUALO.GR #2 | CASUALO
    Invidious8
    80 views
    Thumbnail for I shouldn't have used all those plastic straws | Jeaney Collects0:13
    I shouldn't have used all those plastic straws | Jeaney Collects
    Invidious6
    1280 views
    Thumbnail for ボートレースからつ裏実況 GⅢ第25回酒の聚楽太閤杯 4日目 | BOATRACEからつ7:11:51
    ボートレースからつ裏実況 GⅢ第25回酒の聚楽太閤杯 4日目 | BOATRACEからつ
    Invidious8
    103 views
    Thumbnail for The Art of Making Useless Things Feel Priceless | Design Theory19:41
    The Art of Making Useless Things Feel Priceless | Design Theory
    invidious1
    1055 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
    1620 views
    Thumbnail for How Early Blood Transfusions Worked 😨 | Zack D. Films0:34
    How Early Blood Transfusions Worked 😨 | Zack D. Films
    Invidious8
    101 views
    Thumbnail for Watters: Democrats say we haven’t accomplished much… #shorts #usa #news #iran #politics | Fox News0:20
    Watters: Democrats say we haven’t accomplished much… #shorts #usa #news #iran #politics | Fox News
    Invidious7
    176 views
    Thumbnail for 🚨Tulsi Gabbard OFFICIALLY Endorses Trump | Benny Johnson0:55
    🚨Tulsi Gabbard OFFICIALLY Endorses Trump | Benny Johnson
    Invidious8
    101 views
    Thumbnail for The Most Watched TV Programs of all Time | Thomas Mulligan0:59
    The Most Watched TV Programs of all Time | Thomas Mulligan
    Invidious8
    96 views

points

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