Hazelwood v. Kuhlmeier Everyone in America, from adults to students have freedom of speech. This freedom is provided by the first amendment. In the case Hazelwood v. Kuhlmeier, students fights for the freedom of speech in their school newspaper. One side of the case was three students who thought their free speech was violated and the other side was the principal defending the school. After the court's decision, this case had a big impact on the school and many other people. Hazelwood v. Kuhlmeier talks about students not giving up their freedom of speech in a school setting. Hazelwood East High School in St. Louis, Missouri is where the case of Hazelwood v. Kuhlmeier all started. This cases was argued on October 13, 1987. The students defending …show more content…
Edwards. He helped them make a case against the Hazelwood School district. The girls wanted justice for their articles being taken out of the newspaper and “they also asked to be paid money for the harm the principal had caused them”(Fuller 24). The girls wrote about divorce and teen pregnancy in their articles. Their intention in these articles was to help students whose parents were going through a divorce or students dealing with teen pregnancy. They argued that their free speech was violated when the principal, Robert Reynolds, took their articles out of that issue of their school newspaper. Since Cathy Kuhlmeier and her two friends who wrote the article changed the names of the people mentioned, they did not see any problem in publishing it because the privacy of the people were protected. The Journalism teacher at the time who advised the Spectrum, approved the articles the students wrote but left the school before the issue of the paper was published. The approvement of the articles, the changing of the names, and their good intentions all formed the students side of the case. The lawyer for the school district was Robert P. Baine Jr.. He helped the side of the school district make points that the school had the right to take these articles out.After the prior advisor left, a new one came, his name was Howard Emerson. Emerson “...followed the procedures of the recently departed advisor, giving the …show more content…
Kuhlmeier had a big impact on everyone. This case changed the ways some schools did things. The ruling of Hazelwood v. Kuhlmeier allowed all matters related to school sponsored speech activities in the hands of the school. For example, some places now have an increased review of the articles prior to publication, allowing changes things that are unacceptable or inappropriate. The schools that do this do it to ensure an occurrence like Hazelwood v. Kuhlmeier does not happen again. While this had an impact on schools, it also had a big impact on students. This case, along with other student rights cases, inspires students to speak out for what they think is wrong or what should be done differently. Three other people that were impacted by this case were the three girls, Kuhlmeier, Smart, and Tippett, who fought for their free speech rights. The girls were just trying to help people going through hard times, like divorce and teen pregnancy and were heartbroken that they never had the chance. The things that made the students most upset was that they worked really hard on their articles and they thought they may have been able to fix them. Years after the case ended Cathy Kuhlmeier, now Cathy Cowan, said “I think we need to give students room to grow. Students need to be given the chance to do in-depth stories-more than just stories about the soccer game or who was named prom queen”(Kuhlmeier n.p.). The girls were happy they stood up for what they believed in and
At Hazel East High School, the school has a sponsored newspaper called “The Spectrum” that is written and edited by the students. On May of 1983, the high school principal, Robert E. Reynolds, received the edited version of the May 13th edition. Upon inspecting the paper he found two articles that he found “inappropriate.” The two articles contained stories about divorce and teen pregnancy. The article on divorce featured a student who blamed her father’s actions for her parents’ divorce. The following article featured students at Hazelwood East and their experiences as teen parents in high school. Reynolds immediately asked for the two articles to be withheld from that weeks edition. Reynolds had concluded fairness required the father in the divorce article to be informed of the article and given the chance to make any comments. He also stated that changing the names of the girls in the teen pregnancy article may not be sufficient enough to keep them unidentified. Also, the topic is not suitable for younger students. As a result he forbid the two articles from being published. On October 13, 1987 Cathy Kuhlmeier (a student at Hazelwood East High) claimed that Hazelwood East High School was violating her First Amendment rights, and her case was
High school student “John Doe” responded to peer teasing by choking the student and then kicking out a school window. Middle school student “Jack Smith” made sexual lewd comments to female classmates. Both had a history of hostile and aggressive behaviors that are manifestations of their disabilities. On the fifth day of the school suspension, the district notified both boys’ parents that they were proposing expulsion and they extended suspension until the expulsion proceedings were finished. Doe filed suit against the school district and the superintendent on grounds that the disciplinary actions violated the “stay-put” provision of the then Education of the Handicapped Act (EHA) (later IDEA). Having learned of Doe’s case, Smith also protested the school’s actions and intervened in Doe’s
Jackson vs. Birmingham Board of Education (2005) is a more recent case that still fights against one of history?s most common topics; equal rights. This will always stand as one of the greatest problem factors the world will face until eternity. These issues date back for years and years. This case was brought to the Supreme Court in 2004 for a well-known topic of sexual discrimination. It helped to define the importance of Title IX of the Education Amendments of 1972
The case also states “A prohibition against expression of opinion, without any evidence that the rule is necessary to avoid substantial interference with school discipline or the rights of others, is not permissible under the First and Fourteenth Amendments” (Tinker v. Des Moines Independent Community School District). Because the students didn 't necessarily disrupt the education process, their First Amendment freedom of speech should not have been violated by the school officials.
In the Tinker v. Des Moines case, the students’ first amendment right was violated. They were not able to express their opinions freely. The first Amendment states, “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise of thereof; or abridging the freedom of speech, or the right of press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances,” (Classifying Arguments in the Cas...
The landmark Supreme Court cases of Dred Scott v. Sandford, Plessy v. Ferguson, and Brown v. Board of Education of Topeka, Kansas have had a tremendous effect on the struggle for equal rights in America. These marker cases have set the precedent for cases dealing with the issue of civil equality for the last 150 years.
The First Amendment of the United States gives citizens the five main rights to freedom. Freedom of speech is one of the rights. If people did not have the freedom of speech there would be no way of expressing one’s self and no way to show individuality between beliefs. This Amendment becomes one of the issues in the Tinker v. Des Moines Independent Community School District Supreme Court case that happened in December of 1969. In the case of Tinker v. Des Moines there were five students that got suspended for wearing armbands to protest the Government’s policy in Vietnam. Wearing these armbands was letting the students express their beliefs peacefully. Many people would consider that the school did not have the authority to suspend these petitioners because of the First and Fourteenth Amendments of the United States Constitution.
It was a 1986 case involving a seniors, Matthew Fraser, campaign speech at school that used “sexually suggestive comments and gestures” which created an uproar in the audience (Lusted, Marcia Amidon, and Gerald T. Thain 126). Fraser was suspended for several days and was not allowed to speak at commencement therefore he made the decision to sue the school district since he felt his First Amendment was violated (Lusted, Marcia Amidon, and Gerald T. Thain 126). He was voted against seven to two because he used vulgar language which is not allowed in schools (Lusted, Marcia Amidon, and Gerald T. Thain 126). Because Fraser was not peaceful or non-vulgar like the Tinker case, he was not able to win the case against the Bethel School
Freedom of speech has been a controversial issue throughout the world. Our ability to say whatever we want is very important to us as individuals and communities. Although freedom of speech and expression may sometimes be offensive to other people, it is still everyone’s right to express his/her opinion under the American constitution which states that “congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or the press”. Although this amendment gave people the right express thier opinions, it still rests in one’s own hands as how far they will go to exercise that right of freedom of speech.
The case started in Topeka, Kansas, a black third-grader named Linda Brown had to walk one mile through a railroad switchyard to get to her black elementary school, even though a white elementary school was only seven blocks away. Linda's father, Oliver Brown, tried to enroll her in the white elementary school seven blocks from her house, but the principal of the school refused simply because the child was black. Brown went to McKinley Burnett, the head of Topeka's branch of the National Association for the Advancement of Colored People (NAACP) and asked for help (All Deliberate Speed pg 23). The NAACP was eager to assist the Browns, as it had long wanted to challenge segregation in public schools. The NAACP was looking for a case like this because they figured if they could just expose what had really been going on in "separate but equal society" that the circumstances really were not separate but equal, bur really much more disadvantaged to the colored people, that everything would be changed. The NAACP was hoping that if they could just prove this to society that the case would uplift most of the separate but equal facilities. The hopes of this case were for much more than just the school system, the colored people wanted to get this case to the top to abolish separate but equal.
I, Tim, write this opinion to dissent with the majority opinion on the case of Hazelwood v. Kuhlmeier.
First Amendment Rights of Public School Students How the judicial branch rules in cases relating to the 1st and how they relate that to all the rights of public school students. This includes anything from flag burning to not saluting the flag to practicing religion in school. The main point of this paper is to focus on the fact that schools have a greater ability to restrict speech than government. Research Question Does government or school districts have the ability to restrict free speech? This is a very important question because this gives great power to one over the other.
The purpose of this paper is to explore the topic of freedom of speech and free speech zones on college campuses. This paper will answer the questions: Why have so many Universities who protect academic freedom, retreat into fear of freedom? Are school officials afraid of debate and disagreement? Are they trying to keep people (outside the zone) from hearing words that may offend someone? These questions will be answered through analyses of previous court cases, journal articles and news articles.
After referring the student to a counselor, the student was suspended for the potential of a significant disruption. The issue with this controversial case was that the student wrote the poem from a first-person basis and the words did not present any physical harm or threat to other students. The Ninth Circuit Court ruled in favor of the school district because the writing presented the likelihood or potential that a suicide could occur, which could have had a devastating and psychological impact on the school community.
Doe case, Taking place in Texas in the year 2000, ended with a five to four verdict (Santa Fe Independent School Dist. v. Doe). The decision was in support of Doe, a Mormon family and a Catholic family that contested the school’s support of prayer at football games. The result of this case restricted the first amendment freedom of religion. The “wall” between religion and government that the Establishment Clause creates was present in this case (Cornell University Law School). The end of this case led to a strong divide between public schools and students’ religious practices. This case caused social changes to occur that affected public schools across America. Other public schools and parents of public school students saw the outcome of this case as an example of the “wall” that exists between church and state and that it will be enforced. Because of this case, many schools changed or abolished their own policies regarding