JOURN 4000 1st Edition Lecture 13Outline of Last LectureI. School lawOutline of Current LectureI. School lawCurrent LectureBrennan on Hazelwood- thought control Miami Herald vs. Tornillo-editors have control over content first amendment right Tinker vs. Des Moines-Students have freedom of expression, even on controversial subjects IF they do not:1. Materially/substantially interfere with school discipline/cause disruption2. Can’t collide with rights of others-Hazelwood is different two different questionsTinker- First Amendment requires school to tolerate free speech?Hazelwood- First Amendment requires school to promote free speech?Pepish vs. MU Board of Curartors-Suspended for passing out flyers-Filed 1983, declaratory judgment court’s judgment of rights and responsibilities of involved parties-MU did not have a right to suspend herIn loco parentis- school is in same relationship to student as parent to childThese notes represent a detailed interpretation of the professor’s lecture. GradeBuddy is best used as a supplement to your own notes, not as a substitute.-States may give students greater freedom of expression laws than the first amendment-Some states have greater freedom of student speech-Does Hazelwood apply to college press?--> not sure, courts have split on decisionKincaid vs. Gibson-Destination Unknown yearbook, poor style and content-Courts said school has to allow it if not, viewpoint discriminationSchoolteacher’s rights:Cecilia Lacks- English/journalism teacher, fired for allowing students to produce in-class videos using curse wordsPyle brothers-Wore profane t-shirts-Do high school students in Massachusetts have freedom of non-school expression?Court certified the question- asked Massachusetts Supreme Court if shirts were acceptable yes 1973- Pawnee youth in Oklahoma-School policy said boys could not have hair touching ears/collar -Boys were sent home-US let decision stand-dissent: newfound pride in heritageCensorship of books:Pico case- Justice Brennan1983- Committee-> school board decided to pull books out of library-School board has absolute discretion on classroom assigned books, not beyond-Looks at motivation viewpoint control is not ok-Obit websitereporter said kid had a hit list expelled kid did not intend to do that-Teacher sux website why she should die graphic photo of her death, asked for funds to hire hit man can be expelledBong Hits 4 Jesus message is pro-illegal drugs, school can suspend-Legalized medical marijuana, school can’t suspend-Bottom line- doesn’t matter what technology is, threats are not
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