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Essay / Research Paper Abstract
This 7 page paper provides an overview of this case that concerns the first amendment rights of students. The opinion, as well as the dissenting opinion, are each discussed, along with the ramifications of the decision. No sources.
Page Count:
7 pages (~225 words per page)
File: RT13_SA208HvK.rtf
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violated by the school. LOCATION of the CASE Supreme Court of the United States 484 U.S. 260 DATE OF DECISION January 13, 1988 STATEMENT
OF FACTS The facts of the case involve a high school student whose two articles were pulled from a school publication due to inappropriate content. One article was written about
divorce and another about teen pregnancy. The objection was to the subject matter, which it was argued was not appropriate for younger students, but also because it violated the privacy
of other students. While in the pregnancy article no specific individuals were named, it was thought that students could be identified due to the knowledge of the other students and
although named individuals in the other article were deleted, the principal still believed that the articles were too revealing and pulled them. BACKGROUND Major issues identified
by this case involve considerations in education law as well as issues of free speech and privacy. First and foremost are first amendment rights, which is the premise on which
the case is based. The first amendment holds that individuals are afforded the right to free speech. The first amendment says: "Congress shall make no law respecting an establishment of
religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the
Government for a redress of grievances." Yet, the first amendment has been interpreted in a variety of ways. There are limitations. For example, one cannot yell fire in a crowded
theater. There are many legal precedents to demonstrate that free speech is limited, particularly in education law. An early case demonstrated that teachers have rights independent of the board for
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