The milestone decision ("Tinker v. Des Moines Independent Community School District") limiting school authorities' restraints on student speech, does not apply to curriculum-related newspaper. In "Hazelwood School District v. Kuhlmeier (1988), the Supreme Court upheld as constitutional the principal's censorship of a high school…

Reviews Burch v. Barker, in which the Ninth Circuit Court of Appeals ruled that school administrators' prior review of an alternative or off-campus publication, destined for distribution on the school campus, is in violation of the First Amendment. (MS)

This paper reviews the standards by which alleged infringements by administrators of free expression in public high school newspapers may be judged. Part one of the paper provides a background for the discussion, describing the role the First Amendment has played in public high schools and standards for evaluating alleged infringements of student…

The Supreme Court's 1988 "Hazelwood v. Kuhlmeier" decision, characterizing student newspapers as a curricular extension, not a constitutionally protected public forum, produced waves of concern among First Amendment advocates. The panic has subsided. The literature advocates working within guidelines, following sound policies,…

Discusses Supreme Court Justice William J. Brennan Jr.'s dissenting opinion in the Hazelwood v. Kuhlmeier decision in order to help advisers and editorial staffs who are preparing arguments intended to impress administrators with the value of student publications. (MS)

In 1969, in the case of Tinker vs. the Des Moines Independent Community School District, the Supreme Court ruled that if student speech acts did not interfere, or threaten to interfere, with the operation of the school, the acts could not be banned. This study is an analysis of the Tinker decision and of the ways it has been applied to court cases…

Since the mid-1980s, judicial decisions have broadened school authorities' discretion to restrict student expression (in oral and written communications, grooming, and attire). The category of protected student expression has eroded. Despite replacement of the "Tinker" presumption favoring student expression with one favoring validity of…

Reviews federal court cases relating to First Amendment rights and student publications. Includes five sections: (1) background of the problem, (2) freedom of press and right to edit, (3) diminished rights of minors, (4) unprotected speech and legal limitations on it, and (5) public forum doctrine and course curriculum theory. Includes extensive…

Twenty-eight years ago three students in Des Moines, Iowa who wore black armbands to protest the war in Vietnam were suspended from school. When the 1969 landmark Supreme Court case of "Tinker v. Des Moines Independent School District" brought public school pupils under the First Amendment umbrella, many educators began to…

In 1969, in "Tinker v. Des Moines," the Supreme Court declared that both students and teachers were entitled to exercise their constitutional rights while in school. The purpose of this dissertation was to discover whether the propositions and the philosophy of "Tinker" have been used by state and federal courts to support…

The legal aspects of many campus issues were the concerns of the conference "Higher Education: The Law and Institutional Response." The central purpose of the conference was to present and discuss judicial decisions and trends and their implications for and applications to the posture of academic decisionmaking. The issues of concern…

The purpose of this monograph is to acquaint journalism teachers, faculty advisers to student newspapers, administrators, and students with the court cases and decisions which have been made concerning student publications and underground newspapers. The chapters in the book include "Students' Rights: Background," which discusses the…

The Supreme Court of the United States has issued three significant rulings on the question of prior restraint by government officials of material to be published in print media. Each time it ruled that only in exceptional circumstances will prior restraint be permitted. Lower federal courst have not taken the same view regarding prior restraint…

This essay highlights issues in the legal aspects of school related censorship and summarizes the current law under the following categories: general considerations, the Tinker principle, prior review of student publications, censorship of classroom speech and materials, and censorship of library resources. (Author)

Court cases involving student discipline, especially in regard to student publications and dress and appearance, is the subject of this chapter. The introduction discusses the doctrine of in locus parentis, the celebrated Supreme Court case of Tinker, and the minimum essentials for enforcing rules of student conduct. The first half of the chapter…