Desilets v. Clearview Regional Board of Education
Encyclopedia
Desilets v. Clearview Regional Board of Education, 137 N.J. 585 (1994) was a New Jersey Supreme Court
decision that held that public school curricular student newspapers that have not been established as forums for student expression are subject to a lower level of First Amendment protection than independent student expression or newspapers established (by policy or practice) as forums for student expression.
Note also that some states have passed laws guaranteeing that curricular, non-forum newspapers (those at issue in Hazelwood) have greater rights than the First Amendment requires.
New Jersey Supreme Court
The New Jersey Supreme Court is the highest court in the U.S. state of New Jersey. It has existed in three different forms under the three different state constitutions since the independence of the state in 1776...
decision that held that public school curricular student newspapers that have not been established as forums for student expression are subject to a lower level of First Amendment protection than independent student expression or newspapers established (by policy or practice) as forums for student expression.
Basis
The First Amendment Freedom of Speech clause was not violated by the school district because the First Amendment protection for student expression described in Tinker v. Des Moines Community Independent School District, 393 U.S. 503 (1969) does not compel a public school to affirmatively sponsor speech that conflicts with its educational goals. The school-funded newspaper at issue was also not considered to be a public forum under the totality of circumstances present in the case, and therefore, its editors were entitled to a lower level of First Amendment protection than is applicable to independent student newspapers or those newspapers that have, by policy or practice, opened their pages to student opinion.Precedent
Under the First Amendment, school officials can censor curricular, non-forum student newspapers when they can justify their decision with a legitimate pedagogical (i.e., educational) justification. Subsequent decisions, such as the decision in Dean v. Utica Community Schools, 345 F.Supp.2d 799 (E.D. Mich. 2004), have made clear that this is not carte blanche for school officials to censor articles wantonly or based on personal opinion.Note also that some states have passed laws guaranteeing that curricular, non-forum newspapers (those at issue in Hazelwood) have greater rights than the First Amendment requires.
See also
- School speech (First Amendment)School speech (First Amendment)The issue of school speech as it relates to the First Amendment of the U.S. Constitution is one that has been of much debate and the subject of much litigation since the mid-20th century.-School speech vs. public speech:...
- Tinker v. Des Moines Independent Community School DistrictTinker v. Des Moines Independent Community School DistrictTinker v. Des Moines Independent Community School District, was a decision by the United States Supreme Court that defined the constitutional rights of students in U.S. public schools...
, 393 U.S. 503 (1969) - Bethel School District v. FraserBethel School District v. FraserBethel School District v. Fraser, 478 U.S. 675 , was a United States Supreme Court decision involving free speech and public schools. Matthew Fraser was suspended from school for making a speech full of sexual double entendres at a school assembly...
, 478 U.S. 675 (1986) - Hazelwood School District v. Kuhlmeier, 484 U.S. 260 (1988)
- Broussard v. School Board of NorfolkBroussard v. School Board of NorfolkBroussard v. School Board of Norfolk, 801 F. Supp. 1526 was a court case that took place in Norfolk, Virginia, United States in 1992. A student was disciplined for wearing a t-shirt that read "Drugs Suck". When he sued, his lawyer claimed that his shirt was a form of free speech protected by the...
, 801 F. Supp. 1526 (E.D. Va. 1992) - Morse v. Frederick, 551 U.S. 393 (2007)