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School Law and Policy Issues

In:

Submitted By buddyboy1
Words 1856
Pages 8
Karissa Ramirez
School Law and Policy Issues
Professor Criscione

Table of Contents

Introduction
Student free speech
Teacher free expression
Freedom of Expression Rights: The Tinker Standard
The Fraser standard
The Hazelwood standard
Faculty free speech
Conclusion

Introduction
Free speech in public schools is important because it allows students and teachers to speak their minds on school grounds, wear jewelry or buttons, wear t-shirts with messages or color their hair a certain way. However, with the protection of the First Amendment that is guaranteed by the United States Constitution, it is sometimes not enough for students and teachers since there are limits to their speech or expression. It is evident that there are issues that have impacted free speech in public schools such as student and teacher free expression, freedom of expression under the First Amendment including the Tinker, Frazer and Hazelwood standard, and faculty free speech; in dealing with these cases it has helped shape future decisions of public school officials.

Student Free Speech
Student free speech rights have advanced since the twentieth century because previously students had no First Amendment rights. On the other hand, sometimes student’s rights are reduced or eliminated in certain situations. The Supreme Court has also maintained that the First Amendment rights of minors can be restrained in regards to school safety. School officials are also allowed to prevent, “student expression that presents a “material” and “substantial disruption,” (Nappen, 2003, p.2). In addition, there are certain major types of free expression that administrators see as a true threat, material interference, or substantial disruption rationales. These can be separated into five categories such as written, verbal, artistic, gestural, and fashion related. Recently however it has become more important to use

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