Hazelwood_MW_SA
Download
Report
Transcript Hazelwood_MW_SA
Image by Nemo
October 13, 1987 – January 13, 1988
Case focused on freedom of speech, freedom of the press
Controversial articles removed from a school newspaper
about…
Teen pregnancy
Divorce
Principal removed the articles from final version
Inappropriate references to sexual activity
Students mentioned in pregnancy article would be easy to
identify even though names were changed
Parents’ names were included without their consent in article
about a girl blaming the father for her parents divorce
Took out not only the two articles, but the entire page each
article was on
1st Amendment- students’ freedom of speech/freedom
of the press
The journalists that claimed there was a violation, they
did so because the articles they had worked hard on
were removed from the school paper
censorship
Image by Andrys
Case was taken to the U.S. District Court for the
Eastern District of Missouri
Ruled rights were not violated
Appealed to the U.S. Court of Appeals for the Eighth
Circuit
Ruled the students rights were violated by the school
district
Appealed again to the U.S. Supreme Court to
certiorari, or review the decision of a lower court
Delivered by Supreme Court Justice Byron White
School officials have power over student speech
In the promotion of educational goals
Opinion of the Court: Schools have the right to
regulate material in order to keep it appropriate for the
audience
Byron White
Delivered by Supreme Court Justice William J. Brennan, Jr.
Supported by Justices Marshall and Blackmun
School newspapers are a place where students are able to
express their First Amendment rights
Case violated right to have protection from censorship
Minority Opinion: “School officials may censor only such
student speech as would ‘materially disrup[t]’ a legitimate
curricular function” (Brennan).
Restrictions should only apply to prevent students from
disrupting school activities
Reflects on court ruling in Tinker v. Des Moines
Students still have rights on school grounds
Tinker v. Des Moines Independent Community School
District
Students were told that they would be suspended for
wearing arm bands that protested against the Vietnam
War
Violations of students’ freedom of speech/expression
Court decision: students had a right to wear these arm
bands
Reflected on in the dissenting opinion
Just as in Tinker, the articles in the school newspaper
were not a major disruption of classwork
Ruled in favor of the Hazelwood School District
No violation of First Amendment rights
Students and adults have equal First Amendment
rights- adults’ rights were not being considered and
therefore the principal is justified in removing the
articles
Journalism classes are part of school curriculum, not a
public forum
Restrictions are okay if it is because of educational
objectives
1924–2005
Bachelor's and a master's degree in political science-
Stanford University
Master's degree in government- Harvard University
Law degree- Stanford Law School
1971-appointed into the supreme court by president
Nixon
1986- made chief justice by President Reagan
Remained so until death in 2005
Court decisions
Dissenter in 1973 Roe v. Wade, voting against legalized
abortion
Won victory in 1995 United States v. Lopez, made
carrying a gun in a school zone legal again
Presiding judge in President Clinton’s impeachment
trial
Supporter in 2000 Bush v. Gore supreme court decision
not to recount Florida's contested votes
Restricted first amendment rights for students
School authorities are given control of students freedom
of speech and expression if it is affiliated with the school
Or if interrupting the educational process
Andrys. Newspaper. Digital image. Pixabay. N.p., Sept. 2014. Web. 23 Dec. 2014.
Byron White. Digital image. Wikipedia. N.p., n.d. Web. 1 Jan. 2015.
Cambron-McCabe, Nelda, and Ellen Bueschel. "Students' Rights." Social Issues in America: An
Encyclopedia. Ed. James Ciment. Armonk, NY: Sharpe Reference, 2013. 1961-1972. Gale Virtual
Reference Library. Web. 19 Dec. 2014.
"FindLaw | Cases and Codes." FindLaw | Cases and Codes. N.p., n.d. Web. 19 Dec. 2014.
"Hazelwood School District v. Kuhlmeier." Great American Court Cases. Ed. Mark Mikula and L. Mpho
Mabunda. Vol. 1: Individual Liberties. Detroit: Gale, 1999. Opposing Viewpoints in Context. Web. 19
Dec. 2014.
Nemo. Justice. Digital image. Pixabay. N.p., July 2014. Web. 1 Jan. 2015.
Raskin, Jamin B. "Hazelwood School District v. Kuhlmeier." We the Students: Supreme Court Cases for
and about Students. Washington, D.C.: CQ, 2008. 65-68. Print.
Raskin, Jamin B. "Hazelwood School." We the Students: Supreme Court Cases for and about Students.
Washington, D.C.: CQ, 2008. N. pag. Print.
"William Rehnquist." Bio.com. A&E Networks Television, n.d. Web. 01 Jan. 2015.
"Facts and Case Summary: Hazelwood v. Kuhlmeier." USCOURTSGOV RSS. Administrative Office of
the U.S. Courts, n.d. Web. 02 Jan. 2015.