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1st Amendment

"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."

The amendment prohibites the making of any law that restricts the freedom of speech, freedom of press, freedom of religion, the freedom to peacefully assemble, and prohibiting the petitioning for a governmental redress of grievances.

Hazelwood Case

In January 1988, the United States Supreme Court handed down its decision in the case Hazelwood School District v. Kuhlmeier. The decision upheld the right of public high school administrators at Hazelwood East High School in suburban St. Louis, Missouri, to censor stories concerning teen pregnancy and the effects of divorce on children from a school-sponsored student newspaper.

The majority opinion of the Supreme Court said that the rights of public school students are not necessarily the same as those of adults in other settings; namley, press journalists.

They ruled that a school-sponsored activity such as a student newspaper that was not a public forum for student expression, and if a school can present a reasonable educational justification for its censorship, that censorship will be allowed.

Results

Student Rights

Stay away from anything that, even jokingly, hints at violence.

It is never legal for a public school to censor a student publication just because its contents will be controversial or will offend the reader, so students should not shy away from writing about political and social issues that concern them. However, they should anticipate the reaction people will have.

Copyright holders don’t forsake ownership of their work simply because it's online. Journalists can, and do, get into legal trouble for copying and pasting other people’s work – and merely giving credit to the site in no way counts as a form of consent.

The Hazelwood Court said that “ungrammatical, poorly written, inadequately researched” stories could be censored without offending the First Amendment. People have been known to sneak harmful material into publications without the editor's knowlege. A trusted student editor should always lay eyes on every page before it goes to a final print.

Public Press Rights

The Constitution guarantees a free press, which can be expanded to include all news media - TV, radio, the web, etc. Primarily, press freedom means the news media are not subject to censorship by the government.

A shield law is a law that gives reporters some means of protection against being forced to disclose confidential information or sources in state court.

The Supreme Court has employed the First Amendment to strike down state laws which threatened to punish the press for reporting the names of rape victims, the names of alleged juvenile offenders, and information regarding confidential judicial misconduct hearings.

The court also struck down a law which made it a crime for a newspaper to carry an election day editorial urging voters to support a proposal on the ballot.

Final

Due to the restrictions on high school students, the administration can get sued for misquoting.

The main ruling is that even though the school's newspaper is a chance for students to express themselves, the students still have to have limits because they represent the school.

Students are allowed to express themselves through their articles. What a certain community deems appropriate is up to them personaly.

The same rules apply to students who are in charge of the school's blog.

Everything students put on the blog represents the entire student body as a whole.

The End!!

Student Rights vs. Public Press Rights

By Kiley Klug

The 1st amendment is part of the "Bill of Rights" in the US Constitution.

Works Cited

http://www.scholastic.com/teachers/article/hazelwood-decision-and-student-press

http://usinfo.org/media/press/essay1.htm

The Shield Law

Press Freedom in Practice

Tackle edgy topics – but bend over backward for balance.

Since the mass shooting at Colorado’s Columbine High School, courts have been doubly hesitant to second-guess school disciplinary decisions when student writings hint at violence against members of the school community.

Supreme Court

http://learning.blogs.nytimes.com/2011/08/22/student-journalism-a-guide-to-rights-and-responsibilities/

Just because you can copy it doesn’t mean you should.

Proofread, proofread, proofread – and then proofread some more.

Photo based on: 'horizon' by pierreyves @ flickr

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