Seen But Not Heard: In What Forum May High School Students Exercise First Amendment Rights After Hazelwood?

• NCJ Number: 116296
• Journal: Willamette Law Review Volume: 25 Issue: 1 Dated: (Winter 1989) Pages: 197-222
• Author(s): R E Rothauge
• Date Published: 1989
• Length: 26 pages
• Sale Source: National Institute of Justice/; NCJRS Photocopy Services
• Publication Type: Legislation/Policy Analysis
• Language: English
• Country: United States of America

Annotation

The United States Supreme Court decision in Hazelwood School District v. Kuhlmeier has clarified the standards set in the earlier decision in Tinker v Des Moines and has limited high school students' first amendment rights and increased educators' authority to control the content of student publications.

Abstract

The Court has ruled that school-sponsored forums for student expression are nonpublic forums and that school authorities can therefore regulate them in any reasonable manner. The Court also indicated that school authorities' regulations would be subject to heightened constitutional scrutiny only when intended to create a public forum and when done so through policy and practice. The Court also announced that school authorities may exercise editorial control over the style and content of student speech in school-sponsored expressive activities. It also made it clear that school authorities do not violate students first amendment rights as long as the restrictions are reasonably related to legitimate pedagogical purposes. The Hazelwood decision thus has a potentially far-reaching impact, in reducing judicial dockets, increasing educators' authority, and limiting student expression. 141 footnotes.