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Hazelwood School District et al. Kuhlmeier et al. Louis County, Missouri , When the school principal removed an article concerning divorce and another concerning teen pregnancy , the student journalists sued, claiming that their First Amendment rights had been violated.

A lower court sided with the school, but its decision was overturned by the U. Court of Appeals for the Eighth Circuit , which sided with the students. In a 5—3 decision, the Supreme Court overturned the circuit court’s decision, determining that school administrators could exercise prior restraint of school-sponsored expression, such as curriculum-based student newspapers and assembly speeches, if the censorship is “reasonably related to legitimate pedagogical concerns.

The case, and the earlier Tinker v. Des Moines Independent Community School District , are considered landmark decisions for defining the right of expression for students in public schools. While subsequent court rulings have varied on when Hazelwood applies, the case remains a strong precedent in the regulation of student speech. However, the state statutes protecting student free expression, enacted by 14 states as of March 21, , most in response to the limitations of the Hazelwood decision, typically adopt the more protective Tinker precedent.

Louis County, Missouri. The cost of printing the paper, as well as supplies, textbooks, and a portion of the academic advisor ‘s salary, were furnished by the district’s Board of Education , supplemented by newspaper sales. One was about teen pregnancy , containing interviews with three students who had been pregnant.

The story used false names to keep the girls’ identities a secret, but Reynolds was concerned that the students would still be identifiable from the text. The second story was about divorce and featured an interview with a student whose parents were divorced, in which she complained that her father “wasn’t spending enough time with my mom, my sister, and I Reynolds did not believe there was time to make changes because, if there were any delays in publication, the newspaper would not be published before the end of the school year.

Kuhlmeier later said that the idea for the pieces had come from old issues of The Spectrum , and that she had been looking to update them. Until the s, administrative review of student publications was considered routine at both the high school and collegiate level. However, with the rise of the counterculture of the s , student publications began to explore social issues with greater fervor, focusing on the Vietnam War , the civil rights movement , sexual orientation , and other topics considered controversial at the time.

In , the U. Supreme Court held in Tinker v. Following that precedent, at least cases in lower courts across the country were decided in favor of student expression and against administrative censorship.

Whenever an instance of censorship involved action by a government employee, such as a school principal or a college dean, the courts held that First Amendment safeguards applied. James , U. University of Missouri Curators , U. By the s, however, with the end of the student protest era, school administrators sought to reassert their authority. The first case in the new trend, Bethel School District v. Fraser , U. Overturning lower court rulings, the Supreme Court held that the Tinker precedent did not apply because the penalties imposed by the school were unrelated to the student’s political viewpoint.

The Hazelwood case was filed in the U. District Court for the Eastern District of Missouri. The students sought a declaration that their First Amendment and Fourteenth Amendment rights had been violated by undue actions of a public official, [8] as well as injunctive relief and monetary damages. After a bench trial , the district court denied the injunction and monetary damages.

The U. Court of Appeals for the Eighth Circuit reversed the district court’s decision in January The newspaper was “intended to be and operated as a conduit for student viewpoint”, [17] the appeals court found, and as a public forum, it could not be censored unless “necessary to avoid material and substantial interference with school work or discipline The Supreme Court granted certiorari in January , [8] and the case was argued on October 13, On January 13, , the court handed down its decision, [4] overturning the circuit court in a ruling.

The majority of the justices held that the school principal was entitled to censor the articles. White went on to say that educators do not infringe on First Amendment rights when exercising control over student speech in school-sponsored activities, “so long as their actions are reasonably related to legitimate pedagogical concerns”. A school need not tolerate student speech that is inconsistent with its basic educational mission, even though the government could not.

Judicial action to protect students’ rights is justified only when the decision to censor a school-sponsored publication, theatrical production or other vehicle of student expression has no valid educational purpose. The decision overrode the precedent set in the Tinker case, which had permitted censorship of student speech only if it violated the rights of other students or threatened to cause a campus disruption.

The majority opinion in Hazelwood held that this case was different. The question [of] whether the First Amendment requires a school to tolerate particular student speech—the question we addressed in Tinker —is different from the question whether the First Amendment requires a school affirmatively to promote particular student speech.

The former question addresses educators’ ability to silence students’ personal expression that happens to occur on the school premises. The latter question concerns educators’ authority over school sponsored publications, theatrical productions, and other expressive activities that students, parents, and members of the public might reasonably perceive to bear the imprimatur of the school.

In a footnote, the court clarified that the ruling did not necessarily apply at the collegiate level. Associate Justice William J.

Brennan, Jr. In his opinion, Brennan expressed concern about the message the majority ruling would send to students, writing: [19]. The young men and women of Hazelwood East expected a civics lesson, but not the one the Court teaches them today Such unthinking contempt for individual rights is intolerable from any state official.

It is particularly insidious from a school principal to whom the public entrusts the task of inculcating in its youth an appreciation for the cherished democratic liberties that our constitution guarantees.

The case established the standard that school personnel must meet to limit students’ freedom of expression in secondary schools. This standard does not, however, apply to personal or non-school-sponsored communication, such as off-campus publications, unless that communication interferes with school discipline or the rights of others.

In response to the ruling, some students created web-based publications not subsidized by the school. In conjunction with the 25th anniversary of the Court’s decision in , the Student Press Law Center launched a nationwide censorship awareness campaign, “Cure Hazelwood,” that ignited “New Voices” reform movements across the country, seeking to enact state legislation affording students enhanced press freedoms.

Federal appeals courts have been divided on whether the Hazelwood case applies to college newspapers, a question the Supreme Court left open. A case, Alabama Student Party v. Student Government Assn. Court of Appeals for the Sixth Circuit ruled in Kincaid v. Gibson F. Utica dealt with what defines a “legitimate pedagogical concern”, and the court found that a school had censored speech wantonly. A U. Court of Appeals for the Seventh Circuit decision, Hosty v.

Carter U. Frederick U. From Wikipedia, the free encyclopedia. United States Supreme Court case. Freedom of speech portal Schools portal United States portal Law portal. Student Press Law Center. Retrieved Hazelwood School District. Rights of students under the United States Constitution case law. Zorach v. Clauson Engel v. Vitale Abington School District v. Schempp Stone v. Graham Wallace v. Jaffree Lee v.

Newdow Minersville School District v. Barnette Tinker v. James Island Trees School District v. Pico Bethel School District v. Fraser Hazelwood School District v. Kuhlmeier Westside Community Board of Education v.

Mergens Rosenberger v. Southworth Morse v. Frederick Uzuegbunam v. Preczewski Mahanoy Area School District v. New Jersey v. Acton Board of Education v. Earls Safford Unified School District v. Redding United States First Amendment case law. Establishment Clause.

 

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