Frequent question: Can public schools censor student speech?

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. This decision has given school officials broad authority to regulate school-sponsored publications.

Can public colleges restrict free speech?

Public colleges and universities cannot restrict free speech rights. However, many institutions do place limits on offensive speech, in spite of the First Amendment. The First Amendment also protects the right to protest. Public colleges cannot overly limit the spaces on campus where students can protest.

Can schools prohibit hate speech?

Hate speech is protected by the First Amendment

But every court to consider such a hate speech code declared it to be unconstitutional. … Campuses can regulate when and where speech takes place in order to prevent disruption of school activities.

Can schools control speech?

Though public school students do possess First Amendment freedoms, the courts allow school officials to regulate certain types of student expression. For example, school officials may prohibit speech that substantially disrupts the school environment or that invades the rights of others.

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Do students in public school enjoy the protection of free speech?

Public school students enjoy First Amendment protection depending on the type of expression and their age. The Supreme Court clarified in Tinker v. Des Moines Independent Community School District (1969) that public students do not “shed” their First Amendment rights “at the schoolhouse gate.”

What speech is not protected?

Categories of speech that are given lesser or no protection by the First Amendment (and therefore may be restricted) include obscenity, fraud, child pornography, speech integral to illegal conduct, speech that incites imminent lawless action, speech that violates intellectual property law, true threats, and commercial …

What college students really think about free speech?

Fifty-nine percent of college students believe free speech rights are secure, down from 73% in 2016 and 64% in 2017. While 81% said free press rights were secure in 2016, that number has dropped significantly since.

Can schools violate the First Amendment?

The First Amendment applies to all levels of government, including public schools. Although the courts have permitted school officials to limit the rights of students under some circumstances, the courts have also recognized that students — like all citizens — are guaranteed the rights protected by the First Amendment.

Is hate speech protected?

While “hate speech” is not a legal term in the United States, the U.S. Supreme Court has repeatedly ruled that most of what would qualify as hate speech in other western countries is legally protected free speech under the First Amendment.

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Do students have the right to protest?

Students have a constitutional right to participate in non-disruptive protests during the school day. … But punishments cannot be harsher because you missed class to protest or because of your political beliefs.

Can a school punish a student for social media posts?

Making distinctions between what students say on campus and off was easier in 1969, before the rise of social media. These days, most courts have allowed public schools to discipline students for social media posts so long as they are linked to school activities and threaten to disrupt them.

Who decides nonsensical speech?

Who decides what constitutes “nonsensical” speech? 5. The Principal’s Actions. Both the majority and the dissent agreed that the principal had to make a split-second decision in this case, and therefore should be granted “qualified immunity” from suit for her actions.

Can a teacher punish you for something outside of school?

Requirements for Disciplining Students for Off-Campus Conduct Schools in the state can impose discipline on students for conduct that occurs away from school grounds (when such discipline is consistent with the school’s code of student conduct) as long as the following two factors are met: (1) the discipline is …

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