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Introduction to the First Amendment

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Rachel Wolfe

on 4 February 2014

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Transcript of Introduction to the First Amendment

Introduction to the First Amendment
What Does It Say?
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
1. The Freedom of Speech
2. The Freedom of the Press
3. The Freedom of Religion
4. Freedom to Assemble
5. The Right to Petition the Government
What
IS
Speech?
This is the FIRST Amendment for a reason . . . What's the reason?
1. Advances truth and knowledge in the marketplace of ideas.

2. Facilitates representative democracy and self-governing

3. Promotes Autonomy and Self-Fulfillment
1. Words
2. Art & Literature
3. Expressive Actions
4. Any other form of communication, for which the listener/viewer can clearly derive a message.
"Forums" - Where is the Speech?
1. Public
2. Non-Public
3. Limited Public

Questions so far?
Tinker v. Des Moines Independent Community School District (1969)
After Tinker
:


1. Pure, political speech in schools is protected;

2. Passive speech in schools is protected; and

3. Schools can prohibit material disruptions.
Taylor v. Roswell (10th Cir. 2013)
Bethel School District v. Fraser (1986)
After Fraser:

1. Schools can shut down lewd and vulgar speech
(Even if it is passive, and even if it is political)
Morse v. Frederick (2007)
1. Schools can shut down speech if it can "reasonably" be interpreted to promote illegal drug use.
So what do we know so far?
1. Passive, political speech is protected, even at school. (Tinker)

2. Schools can prohibit "lewd & vulgar" speech

3. Schools can prohibit speech promoting illegal drug use.
Student Press Rights
The Hazelwood Rule:
Schools can limit student speech/press that is school-sponsored and takes place on school grounds as long as the censorship relates to "
legitimate pedagogical concerns
."
1. Bad Grammar
2. Profanity
3. Poorly Written
4. Biased/Lacks Support
5. Unsuitable for Immature Audiences
Remember, Hazelwood rules apply to LIMITED PUBLIC FORUMS.

Your school can take steps to create a public forum.
Factors In Favor of a Limited Public Forum:
How Can You Avoid Censorship After Hazelwood?
Dean v. Utica Community Schools (Michigan 2004)
*Homework Assignment: Find Out What Your School's "Student Publication" Policy is. We can talk about it next week.
What About Your School?
1. If your newspaper is produced as part of a graded, credit bearing journalism course.

2. If the grade for the course is solely determined by your work on the student media.
* Your teachers should be giving quizzes and tests that will be part of your grade.

3. If the school pays for the cost of printing, provides your newspaper with office space and equipment.

4. If the school is private.
So What About Amber?
POLITICAL SPEECH
Assembly
Expression
EXPRESSION
I <3 Boobies
Morse v. Frederick
Full transcript