This fastback examines Hazelwood School District v. Kuhlmeier (1988), the first high school student press case ever to reach the United States Supreme Court. The pamphlet reviews the background and implications of the Hazelwood decision and speculates as to how it will be applied to student expression in the public high schools. Chapters include:…

Nine years after the 1972 Supreme Court ruling in *Branzburg v. Hayes" that journalists enjoy no constitutional privilege to withhold the names of sources and to conceal information from grand jury proceedings, a study was conducted to determine the courts' attitudes toward journalists' privilege and to test commonly held beliefs about its…

While the courts have said that public schools may not permit extracurricular religious groups to meet at school, Congress's Equal Access Act says that under certain conditions they must. The Supreme Court will review the issue. A copy of the Equal Access Act is provided. (DCS)

Reviews recent federal court findings in three legal areas: the responsibility of public schools to reimburse tuition costs for special education students placed in appropriate private programs, parents' rights to sue for damages when special education placement is inadequate, and students' freedom to incorporate sexual innuendo into speeches.…

Discusses situations that recently received judicial scrutiny regarding clashes between the freedom of the teacher and the freedom of the learner. Each of the following began with a student's objection to an instructional act: (1) freedom to research a religious topic; (2) freedom from racial discomfort; (3) freedom from sexual discomfort; and (4)…

The United States Supreme Court ruling in "Mergens" gives school districts the following options: (1) require all student groups to have a direct relationship to curriculum; (2) have a "limited public forum," therefore, allowing noncurriculum-related groups to use school facilities; or (3) choose to ignore the law and forego…

In "Hazelwood School District v. Kuhlmeier," the Supreme Court held that school authorities did not violate students' First Amendment rights by censoring a high school newspaper. Traces the history of the decision and contends that the Court has effectively curbed the role of the school newspaper as a student voice. (MLF)

In response to an article by Hugh Breyer in 1991 in this journal, discusses the U.S. Supreme Court's ruling in "Employment of Oregon Department of Human Resources v. Smith" that the peyote religious service was not constitutionally protected and explains its implications for cases like "Mozert v. Hawkins Public Schools." (31…

In a case concerning a teenager charged with cross burning, the Supreme Court, in a 9-0 decision, ruled that a St. Paul, Minnesota, ordinance was unconstitutional. Summarizes Justice Scalia's opinion and three concurring opinions that reflect bitter disagreement among the justices. Discusses the meaning of this decision and its implications for…

Summarizes the historical background of First Amendment law from "Tinker v. Des Moines" (1969) to "Hazelwood v. Kuhlmeier" (1988). Examines the Supreme Court's most recent decisions on related matters as well as lower court decisions involving bias-motivated speech on campus. Offers specific suggestions for public school…

Examines four cases decided in circuit courts regarding teachers' academic freedom. Cited in all these decisions was "Kuhlmeier," a case involving the lawful restriction of student speech. Contends that some of the language in the opinions could stimulate governing boards to try to intrude upon the professional judgment of teachers. (42…

Reviews the pair of cases involving the free speech rights of public high school students; the response by legal commentators; and the court decisions in the wake of "Fraser" and "Hazelwood." (103 references) (MLF)

Because some known gang members were wearing rosaries as gang symbols, a Texas school district told two students--who were not gang members--that they could not wear rosaries outside their shirts. A federal district court ruled (Chalifoux v. New Caney Independent School District) that the district's entire gang-apparel policy was void because of…

Analyzes recent federal court decision striking down school anti-harassment policy on First Amendment grounds. Discusses freedom of expression rights in public setting as compared to public-school context. Argues decision incorrectly relies on law developed outside public-school context, unjustifiably finds violation of First Amendment, and may…

Two recent decisions of the United States Supreme Court have emasculated First Amendment guarantees for military personnel. In the first case, Parker v. Levy, an Army captain urged enlisted Special Forces personnel at his post to refuse to go to Viet Nam, claiming that "Special Forces personnel are liars and thieves and killers of peasants…