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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]
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.
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]
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."
Freedom of speech and expression has a long history that predates modern international human rights instruments. [4] It is thought that the ancient Athenian democratic principle of free speech may have emerged in the late 6th or early 5th century BC. [5] Freedom of speech was vindicated by Erasmus and Milton. [4]
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 ...
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 right to freedom of expression has been recognised as a human right in the Universal Declaration of Human Rights and international human rights law by the United Nations. Many countries have constitutional law that protects free speech. Terms like free speech, freedom of speech, and freedom of expression are used interchangeably in ...