JOUR 371 Lecture Notes - Lecture 3: Family Educational Rights And Privacy Act, First Amendment To The United States Constitution, Symbolic Speech
21 Feb 2017
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Schools may restrict speech that is overly lewd, vulgar or indecent. Generally, the k-12 considerations do not apply. Ferpa- limits who can see your academic progress. We know content can"t be the basis for regulating free expressions. But reasonable time, place and manner restrictions are allowed. You can have any kind of parade except a kkk parade. Toughest to police because those asserting freedom will always argue that a tpm rule as a pretext. Means a value judgement is not being made about the expression. First amendment in action: how the lines are drawn. Tinker and barber cases showed that youths have first amendment rights. Hazelwood case demonstrated that doesn"t extend to high school media. Students may engage in a symbolic speech that is not unduly disruptive. Kid wore offensive bush shirt and thus uniforms/dress code was born. Must not constitute a complete ban on communication. Must be justified by a substantial state interest.
