Student Initiated Speech • Any form of speech that was initiated by the student, not school sponsored. • Genuine student initiated religious speech or prayer is protected unless: • School/teacher encourages, suggests, or requires the speech • Speech is done during a school sponsored event • Examples: • A student using profane language in the hall. • A student saying inappropriate language (which was not approved) in a speech during a school-sponsored event.
Current Dunlap High School Handbook Inappropriate and/or profane language will not be tolerated. Students using inappropriate language toward a teacher or any staff member may receive an out-of-school suspension. Any student referred to the office for inappropriate language at anytime will be subject to disciplinary action, such as an office detention or suspension.
Recommended Handbook Policy Inappropriate and/or profane language will not be tolerated. Students using inappropriate language or inappropriate printed material that is displayed, produced, or distributed on school property or at school sponsored activities may receive an out-of-school suspension. Any student referred to the office for inappropriate language at anytime will be subject to disciplinary action, such as an office detention or suspension.
Recommended Handbook Policy Student behavior or printed materials shall: • Not disrupt or threaten to disrupt the educational process of the school • Not contain libelous or obscene language • Not advocate illegal actions • Not contain false statements or innuendoes • Not advocate action that would endanger the health or safety of students, staff, or others
Bethel School District No. 403 v. Fraser • Public High School Student delivered an inappropriate speech nominating a fellow student for a student elective office. • Student was suspended and removed from the list of candidates to give a speech at the graduation. • Student’s father sued the school district. • The district court declared a violation of the 1stAmendment. The Court of Appeals affirmed. The U.S. Supreme Court reversed.
Cole v. Oroville Union High School District • The students, Ferrin Cole and Chris Niemeyer, are seeking damages for denial of their First Amendment right of free speech. • Students’ speeches during a graduation ceremony were deemed inappropriate by the administration. • On graduation day, the students were not allowed to give their unedited speeches • Courts sided with Oroville Union High School