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THOUGHT QUESTION:

THOUGHT QUESTION:. “Student Speech” Students in school do not have enough free speech protection. Agree/disagree in 1 paragraph. Polar Extremes of Student Speech in Schools. Inculcation or Free Expression

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THOUGHT QUESTION:

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  1. THOUGHT QUESTION: “Student Speech” Students in school do not have enough free speech protection. Agree/disagree in 1 paragraph.

  2. Polar Extremes of Student Speech in Schools Inculcation or Free Expression Indoctrination of: Diversity of Thought Values “laboratory for Morals free speech” Etiquette Citizenship

  3. Student Speech I. Tinker v. Des Moines (1969) A. Vietnam protest; black armbands banned B. USSC: symbolic speech akin to “pure speech” C. “substantial disruption” test D. “students don’t shed their const. rights at school house gate” E. student speech deserves 1st Amendment protection

  4. "I know a man who is firm -- he's firm in his pants, he's firm in his shirt, his character is firm -- butmost . . . of all, his belief in you, the students of Bethel, is firm. Jeff Kuhlman is a man who takes his point and pounds it in. If necessary, he'll take an issue andnail it to the wall. He doesn't attack things in spurts -- he drives hard, pushing and pushing untilfinally -- he succeeds. Jeff is a man who will go to the very end -- even the climax, for each and every one of you. So vote for Jeff for A. S. B. vice-president -- he'll never come between you and the best ourhigh school can be. He is firm enough to give it everything."

  5. II. Bethel v. Fraser (1986) A. USSC upheld punishment for student giving speech w/ sexual innuendos B. rights of students in school are not “coextensive” with adult rights C. “inculcation” lets schools teach certain skills, expectations, values = speech may be limited D. Tinker is not absolute; court doesn’t have to use “substantial disruption” test in every student speech case

  6. III. Hazelwood v. Kuhlmeier(1988) A. principal censors school newspaper B. USSC: school can restrict school- sponsored speech 1. school newspapers bear the signature/seal/approval of the school C. reasonable educational justification 1. newspaper is produced by journalism class & school retains control over curriculum

  7. IV. Morse v. Frederick (2007) – “Bong Hits 4 Jesus” A. Olympic torch relay B. “Bong Hits 4 Jesus” banner C. USSC upholds suspension 1. school event = conduct rules apply 2. speech reasonably regarded as encouraging drug use 3. “special characteristics of school environment” D. Thomas: overturn Tinker altogether E. Alito’s concurring opinion: narrow decision that ONLY applies to pro-drug speech F. Stevens’ dissent: viewpoint discrimination

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