Students Rights

The first Amendment

1. Press

2. Religion

3. Assembly

4. Speech

5. Petition







The Tinker Standard

• Tinker vs. Des Moines School District (1969)


• Black armbands in 1965


• Student speech cannot be censored as long as it does not "materially disrupt class work or involve substantial disorder or invasion of the rights of others."

The Fraser Standard

• Bethel School District vs. Fraser (1986)


• Inappropriate speech for class president


• Because school officials have an "interest in teaching students the boundaries of socially appropriate behavior," they can censor student speech that is vulgar or indecent, even if it does not cause a "material or substantial disruption."

Hazelwood Standard

• Hazelwood School District vs. Kuhlmeier (1988)


• Censor stories in student newspaper about teen pregnancy and divorce


• Censorship of school-sponsored student expression is permissible when school officials can show that it is "reasonably related to legitimate pedagogical concerns."

The Frederick Standard

• Morse vs. Frederick (June 25, 2007)
• January 2002, Olympic torch travels through town
• Principal Morse cancels school
• Senior Frederick unveils banner on the sidewalk across street which reads "Bong Hits 4 Jesus"
• Suspended for 10 days

Elements of Libel

• A Defamatory statement
• Published to at least one other person (other than plantiff)...
• "Of and concerning" the plaintiff (identify specifically within plaintiff)
• That is a false statement of fact (opinions are not libel)...
• And made with fault. The level of fault depends on status of plaintiff

-Public Figures: celebs, gov, etc. are required to prove actual malice,meaning the defendant know statements were false

-Private individuals: must only show that the defendant was negligent