Hazelwood guide A Student Press Law Center White Paper Hazelwood School District v Kuhlmeier A complete guide to the Supreme Court decision In January the United States Supreme Court handed down its opinion in Hazelwood School District v Kuhlmeier The dec
A Student Press Law Center White Paper Hazelwood School District v Kuhlmeier A complete guide to the Supreme Court decision In January the United States Supreme Court handed down its opinion in Hazelwood School District v Kuhlmeier The decision upheld the authority of public high school administrators at Hazelwood East High School in suburban St Louis Mo to censor stories concerning teen pregnancy and the e ?ects of divorce on children from a school-sponsored student newspaper Hazelwood was in dramatic contrast to court decisions from across the country handed down over the previous two decades that had given student journalists extensive First Amendment protections Although the Supreme Court was only dealing with a student newspaper in Hazelwood all public high school student news and information media have been a ?ected Student newspapers yearbooks and literary magazines as well as online student media and non-broadcast radio and TV programs can use the information in this guide n CHECKLIST Detailed steps for ?ghting censorship ? page n MODEL POLICY Guidelines to protect student media ? page ? Student Press Law Center CSPLC Guide to Hazelwood Probably the most signi ?cant aspect of the Hazelwood decision was the emphasis it placed on determining whether a student publication is or is not a ??public forum ? for student expression As a growing number of lower court cases have con ?rmed student media that qualify as public forums receive greater First Amendment protection than non-public forum student media and are not subject to Hazelwood ? s censorship standards The determination of forum status may not always be clear but this guide points out the factors that a court is likely to consider Recent court decisions have also helped to more clearly de ?ne what types of administrative censorship Hazelwood allows and what types it does not While the Hazelwood standard remains far from clear these cases provide some useful guidance about where the outer boundaries lie Please note one thing above all else All public high school students still have important First Amendment protections that limit the ability of school o ?cials to restrict what students publish or to punish them for what they say or write Public school o ?cials ?? no matter what they may say or think ?? do not have an unlimited license to censor What the Decision Says Hazelwood School District v Kuhlmeier was decided on January The - vote reversed the decision of the U S Court of Appeals for the Eighth Circuit in St Louis which had upheld the rights of the students Justice Byron White wrote the Court ? s majority opinion which was joined by Justices Rehnquist Stevens O ? Connor and Scalia Justice William Brennan ?led a dissenting opinion that was joined by Justices Marshall and Blackmun Justice White began by noting that the rights of students in public schools are not necessarily the same as those of adults in other settings White also pointed to a student speech decision the Court had handed down
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- Publié le Fev 23, 2021
- Catégorie Law / Droit
- Langue French
- Taille du fichier 126kB