The First Amendment and Public Schools

Courts treat high school and college students differently under the First Amendment. The cases below will help us understand why that is so. Please read them and be prepared to discuss them in class.

High School:

Tinker v. Des Moines Independent School District (1969): The First Amendment applies to students on school property unless officials can demonstrate a reason to restrict it.

However, the court has shifted the focus from students to school officials and what they must do to meet their responsibility to instill societal values in students.

Bethel School District v. Fraser (1986):

Hazelwood School District v. Kuhlmeier (1988): The Supreme Court recognized that school principals have broad powers to censor school-supported student expression.

Morse v. Frederick (2007)

Healy v. James (1972):

Papish v. Board of Curators of the University of Missouri (1973):

Antonelli v. Hammond (D. Mass. 1970):

What restraints have courts placed on public universities in dealing with student publications?

Does Hazelwood apply to college students?

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