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The First Amendment's guarantee of freedom of speech applies to students in the public schools. In the landmark decision Tinker v. Des Moines Independent Community School District, the U.S. Supreme Court formally recognized that students do not "shed their constitutional rights to freedom of speech or expression at the schoolhouse gate". [1]
Speech by students in public secondary schools Tinker v. Des Moines Independent Community School District (1969) Healy v. James (1972) Board of Education v. Pico (1982) Bethel School District No. 403 v. Fraser (1986) Hazelwood School District v. Kuhlmeier (1988) Morse v. Frederick (2007) Mahanoy Area School District v. B.L. (2021)
Bethel School District v. Fraser, 478 U.S. 675 (1986), was a landmark decision of the Supreme Court of the United States in which the Court upheld the suspension of a high school student who delivered a sexually suggestive speech at a school assembly. The case involved free speech in public schools.
The school petitioned to the Supreme Court, which ruled in June 2021 in Mahanoy Area School District v. B.L. to uphold the ruling in favor of the student, but overturning the decision of the Third Circuit in that Tinker may cover some parts of off-campus speech when the school has a compelling interest, such as for incidents of harassments or ...
During colonial times, English speech regulations were rather restrictive.The English criminal common law of seditious libel made criticizing the government a crime. Lord Chief Justice John Holt, writing in 1704–1705, explained the rationale for the prohibition: "For it is very necessary for all governments that the people should have a good opinion of it."
Meyer v. Nebraska, 262 U.S. 390 (1923), was a landmark decision by the United States Supreme Court that held that the "Siman Act", a 1919 Nebraska law prohibiting minority languages as both the subject and medium of instruction in schools, violated the Due Process Clause of the Fourteenth Amendment to the United States Constitution. [1]
Kennedy v. Bremerton School District, 597 U.S. 507 (2022), is a landmark decision [1] by the United States Supreme Court in which the Court held, 6–3, that the government, while following the Establishment Clause, may not suppress an individual from engaging in personal religious observance, as doing so would violate the Free Speech and Free Exercise Clauses of the First Amendment.
The First Amendment protects the people to exercise their rights of free speech as well as the freedom of the press in journalistic practice. [12] Since the U.S. Supreme Court’s 1988 decision in Hazelwood v. Kuhlmeier, schools been allowed to censor speech in student media for “legitimate pedagogical concern”. [1]