home *** CD-ROM | disk | FTP | other *** search
- Newsgroups: misc.education
- Path: sparky!uunet!darwin.sura.net!mips!zaphod.mps.ohio-state.edu!magnus.acs.ohio-state.edu!wgatherg
- From: wgatherg@magnus.acs.ohio-state.edu (William Gathergood)
- Subject: Re: Student Free Speech: Case Law
- Message-ID: <1992Jul25.113623.6683@magnus.acs.ohio-state.edu>
- Summary: Kohlmeyer case
- Sender: news@magnus.acs.ohio-state.edu
- Nntp-Posting-Host: top.magnus.acs.ohio-state.edu
- Organization: The Ohio State University
- References: <1992Jul23.223747.10085@polari>
- Distribution: usa
- Date: Sat, 25 Jul 1992 11:36:23 GMT
- Lines: 31
-
- In article <1992Jul23.223747.10085@polari> pacific@polari.online.com writes:
- > A question was raised in this newsgroup concerning court findings
- >that allow for free speech by students. Tinker vs. Des Moins, which is
- >a case heard during the Viet Nam War, found that students have free
- >speech guarentees so long as it does not conflict with the educational
- >process. This case is the cornerstone legal doctrine in this area.
-
-
- Much as I hate to say it, the long-range effects of the Kohlmeyer <spelling?>
- case deal with this area. It originally dealt with an article on teen
- pregnancy in a Kansas school newspaper. The principal refused to let them
- distribute it. State court supported students, Supreme court reversed it,
- saying that the principal, as head of the school, is the publisher of the paper
- with editorial control; and producer of the school play with editorial control,
- and curriculum developer with editorial control over teacher material, etc.
-
- The results have been so sweeping that National student journalism
- organizations have been fighting it by having individual states write
- ammendments in their state constitutions, extending the rights of free speech
- beyond what the federal courts have decreed. The key to most of this
- legislation is that students can express what they want as long as it does not:
-
- 1. appear libelous or obscene
- 2. cause a riot
- 3. or cause a severe disruption of the school.
-
- Only a few states have adopted this, but Journalism organizations are pushing
- for it in almost every state.
-
- Bill Gathergood
- wgatherg@magnus.acs.ohio-state.edu
-