Transcript First Amendment Webinar PowerPoint November 4, 2016

“From Facebook Postings to National
Anthem Protests – A First Amendment
Guide for South Dakota’s
School Administrators”
SASD Webinar
November 4, 2016
FIRST AMENDMENT
What Are The Issues?
FIRST AMENDMENT
“Congress shall make no law . . .
abridging the freedom of speech”
FIRST AMENDMENT
What is Speech?
FIRST AMENDMENT
Anything a person says or does
that is intended to convey a
message that could reasonably be
expected to be understood by
others
FIRST AMENDMENT
■ Verbal Speech
■ ”Trump for President”
■ ”Johnson for State Legislature”
■ ”Go Cubs Go”
FIRST AMENDMENT
■ Non-Verbal
■ Displaying a United States Flag
■ Hitting “Like” on Facebook
■ Wearing an Armband Protesting War
FIRST AMENDMENT
Legal Principles
FIRST AMENDMENT
■ ”Students Do Not Shed Their Constitutional
Rights When They Enter The School House
Gates”
■ School Cannot Be Disrupted By Exercise of
Free Speech
■ Free Speech Rights Are Different Inside
The School
FIRST AMENDMENT
■ Tinker v. Des Moines School District (1969)
■ Black Arm Bands – Protesting Vietnam War
■ School District Suspended Students
FIRST AMENDMENT
Supreme Court Found
■ Students Retain Constitutional Rights in
School
■ Educational Mission of School Cannot be
Disrupted
■ Speech Rights in School are Different
FIRST AMENDMENT
■ Wearing of Armbands Was Protected (NonVerbal) Speech
■ Wearing of Armbands Did Not ”Materially
and Substantially Interfere with the
Requirements of Appropriate Discipline in
the Operation of the School”
FIRST AMENDMENT
■ Bethel School District v. Fraser (1986)
■ Student Delivered Speech During School
Assembly
■ Student’s Speech Was Sexually Suggestive
■ Some Students Were Embarrassed
FIRST AMENDMENT
■ Many Students Hooted and Yelled During
Speech
■ Some Students Mimicked the Sexual
Activities Alluded to in Speech
■ School District Suspended Student
■ School Rule Prohibited Obscene or Profane
Language or Gestures
FIRST AMENDMENT
Supreme Court Found
■ First Amendment Did Not Prevent School’s
Discipline
■ No Protection for Offensively Lewd and
Indecent Speech
FIRST AMENDMENT
■ Hazelwood School District v. Kuhlmeier
(1988)
■ Student Newspaper Included Articles on
Teen Pregnancy and Impact of Divorce
■ Principal Banned Articles From Being
Published
FIRST AMENDMENT
Teen Pregnancy Article
■ Principal Believed Teen Pregnancy Article
Risked Identifying the Pregnant Students
■ Content About Sexual Activity and Birth
Control Was Not Appropriate For Younger
Students
FIRST AMENDMENT
Divorce Article
■ Contained Comments From Student - Did
Not Allow Divorced Parents to Comment on
Their Child’s Interview
FIRST AMENDMENT
Supreme Court Found
■ No First Amendment Violation
■ A School Does Not Need to Tolerate
Speech Inconsistent With School’s Mission
FIRST AMENDMENT
■ Morse v. Frederick (2007)
■ Olympic Torch Rally – Alaska 2002
■ Student Displayed Large Banner – “Bong
Hits 4 Jesus” – Across Street From School
■ School Rule Prohibited Similar Messages at
School Events – Student Suspended
FIRST AMENDMENT
Supreme Court Found
■ No First Amendment Violation
■ ”School Event”
■ Speech Promoted Illegal Drug Use
■ School Has Compelling Need To Deter
Student Drug Use
FIRST AMENDMENT
Internet Speech
■ Cruel Text Messages
■ Embarrassing Pictures/Videos
■ Rumors Posted on Social Media
■ ”Ratings” for Male/Female Students
FIRST AMENDMENT
Internet Speech
■ School Computers Used to Create or
Disseminate Materials?
■ Activities Take Place “On Campus”?
■ School’s Have Authority to Prohibit On-Line
Activities
FIRST AMENDMENT
Internet Speech
■ “Off Campus” On-Line Activities?
■ Tinker Test – Do On-Line Activities
“Materially and Substantially Interfere” with
Learning Environment?
FIRST AMENDMENT
National Anthem Protest
■ Colin Kaepernick – S.F. 49ers
■ Kneeling/Sitting During National Anthem
■ Troubled by Police Treatment of Black
Americans
FIRST AMENDMENT
National Anthem Protest
■ Florida School District – “Let Me Be Crystal
Clear: When That Anthem Is Being Played,
You Are To Stand And You Are To Be
Quiet”
■ Other School Districts – Supporting Quiet
Acts of Defiance
FIRST AMENDMENT
National Anthem Protest
■ May Public School Discipline Students for
Protesting the National Anthem?
■ Do Protests “Materially and Substantially”
Disrupt School Operations?
FIRST AMENDMENT
Unprotected Speech
■ Obscenity
■ Child Pornography
■ “Fighting Words”
“From Facebook Postings to National
Anthem Protests – A First Amendment
Guide for South Dakota’s
School Administrators”
SASD Webinar
November 4, 2016