• [ 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:1525
@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
    1186 views
    Thumbnail for Gloria Alvarez Is Fighting Socialism in Latin America18:22
    Gloria Alvarez Is Fighting Socialism in Latin America
    ReasonVids
    1774 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
    1523 views
    Thumbnail for Legal Weed Did More to Stop Drug Smuggling Than Any Wall10:17
    Legal Weed Did More to Stop Drug Smuggling Than Any Wall
    ReasonVids
    1643 views
    Thumbnail for The Hard-Won Beauty of Entrepreneurship3:54
    The Hard-Won Beauty of Entrepreneurship
    ReasonVids3
    1731 views
    Thumbnail for SNL UK Host Jamie Dornan and Al Nash Compete for Bond | Sky TV1:48
    SNL UK Host Jamie Dornan and Al Nash Compete for Bond | Sky TV
    Invidious7
    185 views
    Thumbnail for Youtube News Highlights - 15/02/2024 | Al Jazeera English0:31
    Youtube News Highlights - 15/02/2024 | Al Jazeera English
    invidious
    1291 views
    Thumbnail for How to Survive Being Lost at Sea | BRIGHT SIDE10:13
    How to Survive Being Lost at Sea | BRIGHT SIDE
    Invidious9
    1047 views
    Thumbnail for Die Glocke - Hitler's Anti-Gravity Machine? | Mark Felton Productions14:16
    Die Glocke - Hitler's Anti-Gravity Machine? | Mark Felton Productions
    invidious1
    1137 views
    Thumbnail for CORRIDA MALUCA🤣 #humor | SÓJAOMEMO0:13
    CORRIDA MALUCA🤣 #humor | SÓJAOMEMO
    invidious3
    233 views
    Thumbnail for @graydragon steps into his basement and cracks a cold one 0:18
    @graydragon steps into his basement and cracks a cold one
    bestofvoatxyz
    822 views
    Thumbnail for Can MAGICIAN Shawn Farquhar FOOL Penn & Teller Fool Us - Third Appearance8:12
    Can MAGICIAN Shawn Farquhar FOOL Penn & Teller Fool Us - Third Appearance
    Invidious8
    113 views
    Thumbnail for Attempt #1 on Scratch Get Over It10:10
    Attempt #1 on Scratch Get Over It
    SegOverride_Gaming
    356 views
    Thumbnail for I Made Minecraft, but It's 4D | Mashpoe13:48
    I Made Minecraft, but It's 4D | Mashpoe
    invidious
    1386 views
    Thumbnail for Making a post when suddenly @conspirologist appears in it's true form 0:11
    Making a post when suddenly @conspirologist appears in it's true form
    bestofupgoat
    760 views
    Thumbnail for Mowing My Lawn with a LASER!!! | rctestflight19:10
    Mowing My Lawn with a LASER!!! | rctestflight
    invidious1
    272 views
    Thumbnail for 🔴Kết quả mới nhất Bầu cử Tổng thống Mỹ 2024 trưa ngày 5/11 | VTV95:10:27
    🔴Kết quả mới nhất Bầu cử Tổng thống Mỹ 2024 trưa ngày 5/11 | VTV9
    Invidious6
    1152 views
    Thumbnail for UFC Fighter Bryce Mitchell says he won’t be vaccinating his kid & wants to homeschool him so he doesn’t end up gay and communist2:31
    UFC Fighter Bryce Mitchell says he won’t be vaccinating his kid & wants to homeschool him so he doesn’t end up gay and communist
    bestofupgoat
    725 views
    Thumbnail for Back to the Past | Solid jj2:33
    Back to the Past | Solid jj
    invidious
    1369 views
    Thumbnail for Chinese Spy Balloon: Legal To Shoot Down? | LegalEagle16:50
    Chinese Spy Balloon: Legal To Shoot Down? | LegalEagle
    invidious1
    1182 views
    Thumbnail for Who’s Coming Out Alive Movie Sonic or Godzilla | Tyrecordslol1:02
    Who’s Coming Out Alive Movie Sonic or Godzilla | Tyrecordslol
    Invidious8
    129 views
    Thumbnail for Concept: The Wasp Room A humane form of punishment *empty room filled with 20,000-30,000 wasps | FunnyMemeSpot0:19
    Concept: The Wasp Room A humane form of punishment *empty room filled with 20,000-30,000 wasps | FunnyMemeSpot
    invidious1
    520 views
    Thumbnail for Call of Duty League Major IV Qualifiers | Week 2 Day 3 | Call of Duty League4:53:10
    Call of Duty League Major IV Qualifiers | Week 2 Day 3 | Call of Duty League
    Invidious8
    105 views
    Thumbnail for Andrew Jackson Jihad - People Who Can Eat People Are The Luckiest People In The World [Full Album] | doritto25:24
    Andrew Jackson Jihad - People Who Can Eat People Are The Luckiest People In The World [Full Album] | doritto
    invidious
    1265 views
    Thumbnail for Retarded mullato can't understand numbuhs, sheeeeit1:10
    Retarded mullato can't understand numbuhs, sheeeeit
    bestofupgoat
    671 views

points

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