Press Rights: Key Cases

Cases that enhance student rights

Tinker v. Des Moines

This 1969 decision stated students do not lose their rights at the schoolhouse gate

Dean v. Utica

This Michigan case substantively supported the Tinker decision where student media has either been practicing as a public forum or is designated as one. Is precise in stating Hazelwood does not cover all student expression in high schools

Lexington v. Yeo

This First Circuit case demonstrated the importance of practicing forum status and of student decision making.

Draudt v Wooster City School District

This sixth circuit decision set forth a legal test for distinguishing between nonpublic and public forum scholastic media. The court held that nonpublic forum media are subject to the Hazelwood standard. Publications classified as public forums are protected by the much higher Tinker-based standard.

Board of Education, Island Trees Union Free School District No.
26 v. Pico, 457 U.S. 853

This decision ruled that the First Amendment limits a school board’s ability to remove or ban books in school libraries.

West Virginia State Board of Education v. Barnette

This Supreme Court decision protected a student from being forced to say the Pledge of Allegiance in school.

Cases that inhibit or are cited to limit student rights

Bethel School District v. Fraser

This decision gave school officials the ability to limit student speech of a lesser standards than substantial and material disruption.

Hazelwood School District v. Kuhlmeier

This US Supreme Court decision gave schools the ability to limit student expression if student media are not public forums for student expression by policy or practice and if school officials have a legitimate pedagogical reason.

Frederick v. Morse

Commonly known as Bong Hits 4 Jesus, this decision created further limits on Tinker’s support of student expression.

Cases affecting advisers

Garcetti v. Ceballos

This decision limits the speech rights of pubic employees in many situations when they speak as school employees.

Pickering v. Board of Education

This decision supported a teacher’s claim that a letter written critical of the school was protected by the First Amendment

Mixed decisions

Nuxoll v. Indian Prairie School District

This decision is about a T—shirt with an anti-gay message. It is a split case with strong language by the ruling viewpoint dismissing the credibility of student speech in any form.

General decisions/lesson plans

Times v Sullivan

This Supreme Court decision established the concept of actual malice with libel.

First Amendment timeline

firstamendment.jideas.org/first/timeline.php

Education for Freedom lesson plans

freedomforum.org/packages/first/curricula/educationforfreedom/index.htm