• [ network ]
  • submatrix.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:1655
@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
    1258 views
    Thumbnail for Super Portable Walking-Stick Wood Stoves | NightHawkInLight8:53
    Super Portable Walking-Stick Wood Stoves | NightHawkInLight
    Invidious7
    1398 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
    1311 views
    Thumbnail for The Curse of Canaan (Eustace Mullins) Audiobook - Chapter 1 | Counter Intuitive1:10:40
    The Curse of Canaan (Eustace Mullins) Audiobook - Chapter 1 | Counter Intuitive
    Invidious7
    1704 views
    Thumbnail for Inside the IRS's criminal investigative unit | Click On Detroit | Local 4 | WDIV2:57
    Inside the IRS's criminal investigative unit | Click On Detroit | Local 4 | WDIV
    Invidious8
    186 views
    Thumbnail for Attempt #1 on Scratch Get Over It10:10
    Attempt #1 on Scratch Get Over It
    SegOverride_Gaming
    664 views
    Thumbnail for Exploring Deepika Padukone’s Fav Spots In Bengaluru with @keentoeat 🤤 | DCT EATS0:55
    Exploring Deepika Padukone’s Fav Spots In Bengaluru with @keentoeat 🤤 | DCT EATS
    invidious1
    1530 views
    Thumbnail for British Shows Comedy Bloopers | Yeek27:04
    British Shows Comedy Bloopers | Yeek
    Invidious7
    1577 views
    Thumbnail for Weirdest Things Xbox Hackers Have Done | TheGamer10:33
    Weirdest Things Xbox Hackers Have Done | TheGamer
    invidious
    1389 views
    Thumbnail for Prohibition Vogue: Boardwalk Empire, Ken Burns and What it Means for Marijuana Legalization5:09
    Prohibition Vogue: Boardwalk Empire, Ken Burns and What it Means for Marijuana Legalization
    ReasonVids
    2158 views
    Thumbnail for [풀영상] 뉴스광장 : 윤 대통령, 오늘 김용현 대면…3차 강제구인 불발 - 2025년 1월 23일(목) / KBS | KBS News1:46:09
    [풀영상] 뉴스광장 : 윤 대통령, 오늘 김용현 대면…3차 강제구인 불발 - 2025년 1월 23일(목) / KBS | KBS News
    invidious1
    534 views
    Thumbnail for DNA Evidence Frees Black Man Convicted Of Bear Attack | The Onion2:07
    DNA Evidence Frees Black Man Convicted Of Bear Attack | The Onion
    invidious1
    710 views
    Thumbnail for I hope hes right. At this point ACCELERATIONISM is our only way through this0:58
    I hope hes right. At this point ACCELERATIONISM is our only way through this
    bestofupgoat
    851 views
    Thumbnail for Hot Pawn Attack!!! Pinkamena (1764) vs WFM Agent Scully (1945). Chess Fight Night. Blitz | CFN Channel3:46
    Hot Pawn Attack!!! Pinkamena (1764) vs WFM Agent Scully (1945). Chess Fight Night. Blitz | CFN Channel
    Invidious9
    184 views
    Thumbnail for The First 10 Seconds of the Universe | Sciencephile the AI9:31
    The First 10 Seconds of the Universe | Sciencephile the AI
    invidious1
    1493 views
    Thumbnail for Lamb Birria Pie for Babe with @SunbeamAustraliaNZ | Andy Cooks1:00
    Lamb Birria Pie for Babe with @SunbeamAustraliaNZ | Andy Cooks
    Invidious9
    1412 views
    Thumbnail for My name is Giovanni Giorgio but... Passion for PC games | SheshiBesh0:49
    My name is Giovanni Giorgio but... Passion for PC games | SheshiBesh
    invidious1
    286 views
    Thumbnail for Lateralus - TOOL (Drum Cover) | Tyler Visser9:15
    Lateralus - TOOL (Drum Cover) | Tyler Visser
    Invidious7
    452 views
    Thumbnail for Kennedy Goes on Howard Stern: A Reading by Scott Adsit12:23
    Kennedy Goes on Howard Stern: A Reading by Scott Adsit
    ReasonVids2
    2019 views
    Thumbnail for CORINTHIANS VIVE DUELO DE TITÃS ENTRE PRESIDENTES DA DIRETORIA E DO CONSELHO | Meu Timão2:00:26
    CORINTHIANS VIVE DUELO DE TITÃS ENTRE PRESIDENTES DA DIRETORIA E DO CONSELHO | Meu Timão
    Invidious8
    165 views
    Thumbnail for ข่าวเป็นข่าว | 03 กุมภาพันธ์ 2568 | FULL | TOP NEWS1:53:15
    ข่าวเป็นข่าว | 03 กุมภาพันธ์ 2568 | FULL | TOP NEWS
    Invidious8
    144 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
    1365 views
    Thumbnail for 🔴 [LIVE] ห้องข่าวภาคเที่ยง | วันที่ 16  เมษายน 2568 | Ch7HDNews1:00
    🔴 [LIVE] ห้องข่าวภาคเที่ยง | วันที่ 16 เมษายน 2568 | Ch7HDNews
    invidious1
    578 views
    Thumbnail for Hong Kong's Fight for Freedom Against China's Authoritarianism11:59
    Hong Kong's Fight for Freedom Against China's Authoritarianism
    ReasonVids
    2232 views
    Thumbnail for Geared icosahedron net | Henry Segerman12:41
    Geared icosahedron net | Henry Segerman
    Invidious7
    454 views

points

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