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Based in the First Amendment yet interpreted through Supreme Court Cases, Federal Policy creates the precedent from which both state and local government permit or restrict free speech in education.
Based in the First Amendment yet interpreted through Supreme Court Cases, Federal Policy creates the precedent from which both state and local government permit or restrict free speech in education.
The First Amendment:
The First Amendment:
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
It would seem that this amendment makes the the right of all people, including students, to free speech. The establishment of precedent through Supreme Court Cases, however, continues to narrow these freedoms.
5 Essential points on Student Free Speech: explained
5 Essential points on Student Free Speech: explained
The Precedent Doctrine
The Precedent Doctrine
The sway of precedent upon the establishment of restrictions in all aspects student free speech necessitates a basic understanding of the Precedent Doctrine is necessary.
As made clear by this graphic, evaluators establish parallels to previous cases, then decide using precedent. This doctrine is not only used by Supreme Court Justices, but by State Legislators and even by local administrators.
For first hand insight upon the use of precedent in local high schools, please listen to an excerpt from an interview with Mr. Brain McFeeley,Principal, Mt. Lebanon High School in Pittsburgh, PA .
First Hand Insight:
First Hand Insight:
Mr. McFeeley Interview (mp3cut.net).mp3Restrictions established in our precedent on free speech include:
Restrictions established in our precedent on free speech include:
- Defamation - A false and unprivileged statement of fact that is harmful to someone's reputation, as a result of negligence or malice.
- Libel - A published false statement damaging to a person's reputation. A written defamation.
- Slander - Oral defamation in which someone tells one or more persons an untruth about another, which untruth will harm the reputation of the person defamed.
- Fighting words - Words which, by their very utterance, inflict injury or tend to incite an immediate breach of the peace.
- Obscenity - The character or quality of being obscene; an act, utterance, or item tending to corrupt the public morals by its indecency or lewdness.
- Advocacy of Illegal Action - Where advocacy is directed to inciting or producing imminent lawless action and is likely to incite or produce such action.
Through this precedent, the freedom of speech in public educational atmospheres has been further restricted.
Supreme Court Cases
Supreme Court Cases
To engage yourself in the establishment of precedent, please take the following quiz
While progressing, build precedent to use in each new case by taking a side.
Federal Policy Today
Federal Policy Today
Since Hazelwood, the Supreme Court has not tackled a non-religious free speech issue involving a public elementary or high school. Even the lower courts that have dealt with these issues tend to follow Hazelwood's ruling closely, thus making our federal policy on student free speech behind the technological times. As a result, state and local governments refer back to precedent, using outdated policy to guide the new age of education.
As our policy fails to change, student and adult opinions change drastically. It's time for our Federal Government to regain control of the times.
As our policy fails to change, student and adult opinions change drastically. It's time for our Federal Government to regain control of the times.
We have the public opinion. Let's do something about it!
We have the public opinion. Let's do something about it!
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