England[ edit ] During colonial timesEnglish speech regulations were rather restrictive.
|First Amendment: An Overview||Anti-Federalism Inthe second year of the American Revolutionary Warthe Virginia colonial legislature passed a Declaration of Rights that included the sentence "The freedom of the press is one of the greatest bulwarks of liberty, and can never be restrained but by despotic Governments. However, these declarations were generally considered "mere admonitions to state legislatures", rather than enforceable provisions.|
|Search form||National Archives, Washington, D. Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speechor of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.|
|What Does Free Speech Mean? | United States Courts||Madison was a Virginia representative who would later become the fourth president of the United States. He created the Bill of Rights during the 1st United States Congress, which met from to — the first two years that President George Washington was in office.|
|Which government actions are subject to the First Amendment?||What are the free expression rights of students in public schools under the First Amendment? The freedoms of speech, press, assembly, and petition are often collectively referred to as the freedom of expression, and the U.|
In Tinker, several students were suspended for wearing black armbands that protested against the Vietnam War. Fraser[ edit ] Main article: Bethel School District v. Fraser In Fraser, a high school student was disciplined following his speech to a school assembly at which he nominated a fellow student for a student elective office.
The speech contained sexual innuendos, but not obscenities. The Supreme Court found that school officials could discipline the student. In doing so, it recognized that "the process of educating our youth for citizenship in public schools is not confined to books, the curriculum, and the civics class; schools must teach by example the shared values of a civilized social order".
Recognizing that one of the important purposes of public education is to inculcate the habits and manners of civility as valued conducive both to happiness and to the practice of self-government, the Supreme Court emphasized that "consciously or otherwise, teachers—and indeed the older students—demonstrate the appropriate form of civil discourse and political expression by their conduct and deportment in First amendment and free speech out of class".
Schools have discretion to curtail not only obscene speech, but speech that is vulgar, lewd, indecent, or plainly offensive. Kuhlmeier[ edit ] Main article: Hazelwood School District v.
Kuhlmeier The Hazelwood School District case applies the principles set forth in Fraser to curricular matters.
School authorities and educators do not offend the First Amendment by exercising editorial control over the style and content of student speech in school-sponsored expressive activities so long as their actions are reasonably related to legitimate pedagogical concerns.
Frederick[ edit ] Main article: Frederick blends Fraser and Hazelwood, applying them to a school-sanctioned event or activity.
The banner was in plain view of other students. The high school principal seized the banner and suspended Frederick because the banner was perceived to advocate the use of illegal drugs.
The Supreme Court held that a principal may, consistent with the First Amendment, restrict student speech at a school event, when that speech is reasonably viewed as promoting illegal drug use.
School-specific factors[ edit ] The right of free speech is not itself absolute: Whether the speech, if allowed as part of a school activity or function, would be contrary to the basic educational mission of the school Hazelwood v. Each of these considerations has given rise to a separate mode of analysis, and in Morse v.
Frederick the Court implied that any one of these may serve as an independent basis for restricting student speech. This is the question of speech which is offensive to prevailing community standards by reason of being vulgar, lewd, or indecent speech.
State College Area School District. In Bethel School District v. Fraserthe Supreme Court recognized the special responsibility of the public schools to inculcate moral values and to teach students the boundaries of socially acceptable behavior. It therefore permitted a public school to discipline a student for making sexually suggestive remarks in an address to a school assembly, even though the remarks were not obscene in the traditional sense.
The ability to regulate inappropriate speech has been found to be especially important in situations where the student speech may have the appearance of being sponsored or endorsed by the school.
In such circumstances, the United States Supreme Court has found that student speech may be regulated.This article first appeared on the Cato Institute site.
The outrage du jour is a newspaper column entitled “Your DNA is an Abomination” published by . The freedoms of speech, press, assembly, and petition are often collectively referred to as the freedom of expression, and the U.S. Supreme Court has developed a separate body of case law regarding the free expression rights of students.
I. Introduction. If you want to confuse a roomful of law students, teach them First Amendment doctrine. Courts have struggled over the years to develop a consistent jurisprudence, instead creating “a vast Sargasso Sea of drifting and entangled values, theories, rules, exceptions, predilections.”.
Get up to speed on First Amendment issues, from the basics to cutting edge topics, in a minimal amount of time. Essays - Spring The Embattled First Amendment.
The Supreme Court is interpreting free speech in new ways that threaten our democracy By Lincoln Caplan | . The First Amendment text reads: “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.