Freedom of Speech for the School Newspaper
Freedom of Speech falls under the First Amendment. The First Amendment states that “Congress shall make no law abridging the freedom of speech.” The freedom to express a particular opinion, whether verbally, by publishing literature, or even wearing clothing that convey certain messages and opinions. Throughout the course of the years there have been many restrictions added to the use of Freedom of Speech; especially within the school setting. As a result, the Supreme Court has ruled that the Constitution guarantee each student freedom of speech and expression in the public schools. However, because of the irregular setting and needs of the school environment, the Supreme Court has permitted more restrictions on student speech than would be permitted outside of school.
The influential case involving student freedom of speech rights is Tinker v. Des Moines Independent School District, decided by the Supreme Court in 1969. The Tinker case arose during the peak of the Vietnam War when a group of public high school and elementary school students were suspended for wearing black arm bands to school to protest the war. School officials discovered the plan prior to the day the students intended to wear the arm bands and forbade the students from wearing them, allegedly fearing that the demonstration would cause a disturbance. The students rebelled against this prohibition, and, although only a few students objected to the arm bands, school officials suspended them. The Supreme Court then ruled that given that the students did not cause a disturbance or interrupt the school day, they should have not been suspended and the school had indeed violated their First Amendment rights. This led to the ruling that students “Do not shed their constitutional rights at the front gate”. This also clarified the acceptability of the forms of speech students could partake in. In this case it was symbolic speech.
Additionally, the Tinker case was used for several court hearings and deliberations. It helped to shape the restrictions of Freedom of Speech. Student speech may be suppressed only if the speech materially and substantially interferes with the requirements of appropriate discipline in the operation of the schools; invades or collides with the rights of others; is vulgar, lewd, obscene, or plainly offensive; or is school-sponsored. Furthermore, as with free speech rights in any context, school officials may impose reasonable time, place and manner restrictions on student speech.
Freedom of Speech as it relates to school newspapers and yearbooks, it was interesting to learn that school officials has authority to regulate any school sponsored publication. This means that administration must grant approval of articles and topics before printing and publication. They also have the ability to limit certain topics from being discussed or certain verbiage from being used if they feel it would cause a disturbance to the school and/or neighboring community. The restriction of Freedom of Speech in school sponsored publications came about in 1988, The U.S. Supreme Court ruled in Hazelwood School District v. Kuhlmeier that public school officials can censor school sponsored student expression as long as they have a valid educational reason for doing so. Within this case, the school official decided that it was best to censor two stories about teenage pregnancy and the divorce of another student’s parents. They believed these stories to be embarrassing and since the father of the Divorce article could not be interviewed to tell his side of the story, the article was pulled.
Consequently, since there have been many restrictions regarding Freedom of Speech in schools, many states have acquired “Anti-Hazelwood laws” which gave greater free expression protection to students. This lead paved the way to many underground newspapers being produced where students had the flexibility to write about controversial topics. This has form of publication is protected under the Supreme Court because the expression is student initiate rather than being sponsored by the school.
All in all, Freedom of Speech is restricted in the school setting. As stated before school officials have the right to censor certain articles if they deem it to be inappropriate or see a potential cause for disruption.