Thursday, February 19, 2009

Notes

Five freedoms provided for in the First Amendment: Assembly, Petition,Press, Religion and Speech. There are limits on these rights, however.Public schools, because they are funded by taxpayer money, cannotunjustly violate these rights. The Tinker v. Des Moines IndependentCommunity School District (1969) established that free speech andprotest was protected on the campuses of public schools. Bethel SchoolDistrict v. Fraser (1986) sets boundaries barring lewd or indecentspeech from protection under the precedent from Tinker. HazelwoodSchool District v. Kuhlmeier (1988) significantly reduces the level ofFirst Amendment protection provided to most media at public highschools if the media contradicts teaching concerns. However, thisruling did not apply to 'public forum' student media. The case ofMorse v. Frederick (2007) expanded jurisdiction of schools toschool-related field trips and vacations. The Tinker standard does notprotect unlawful speech or speech that may incite riots. Outside ofschool property, students may use any form of free speech within thelimit of the law without fear of retribution. Emmett v. Kent SchoolDistrict allows students to say whatever they want on the internet.Libel is publication of a false, defaming statement.

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