Most courts have divided students speech into three categories.
The Three categories are:
I. Vulgar, lewd, obscene, and plainly offensive speech (Fraser standard)
II. School-sponsored speech (Hazelwood standard)
III. All other student speech (Tinker standard)
These are some examples of how courts review the action of students and school official and how they apply to these court cases above.
Example #1:
If a student were disciplined for wearing a piece of Confederate flag clothing to school, a reviewing court would likely begin by applying the Tinker "substantial disruption" standard. Why? Because the speech is student initiated (not school sponsored) and is not lewd. Under Tinker, the court would have to determine whether the school officials could have reasonably forecasted a "substantial disruption" of the school environment, perhaps based on past incidents of racial tension, or if the school officials overreacted out of an "undifferentiated fear or apprehension."
Example #2
if a principal decides to change her school's "Johnny Reb" mascot because she has received complaints from members of the community, who believe the symbol to be racially insensitive. Now which standard should apply? A reviewing court would likely apply the Hazelwood standard because the mascot is a form of school-sponsored speech. In fact, in a decision based on these details, a federal appeals court reasoned that "a school mascot or symbol bears the stamp of approval of the school itself" and concluded that the principal "eliminated the symbol based on legitimate concerns.
Example #3
If a group of students published a story about the Confederate flag and how students viewed the symbol in a privately published, underground student newspaper. Which standard would apply here? In this case, the Tinker standard would apply, because the newspaper is student initiated, rather than school sponsored.
source: http://www.firstamendmentschools.org/freedoms/faq.aspx?id=12992
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