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Issues and Cases in Educational Law

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This 5 page paper provides an overview of this issue. The case of Hazelwood School District v. Kuhlmeier (484 US 260) was heard by the United States Supreme Court in October of 1987 and decided on January 13, 1988. The case determined specific limitations that could be imposed by school districts on the publications produced in schools, including school newspapers, without violating students rights to freedom of speech under the First Amendment of the Constitution. Bibliography lists 5 sources.

Page Count:

5 pages (~225 words per page)

File: MH11_MHEdLawC.rtf

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on January 13, 1988. The case determined specific limitations that could be imposed by school districts on the publications produced in schools, including school newspapers, without violating students rights to freedom of speech under the First Amendment of the Constitution. The fact of the case follow. Students of Hazelwood School District who were staff members of the one of the districts school newspapers, argued that their Constitutional rights were violated because of deletions that were made to their original draft of the newspaper, including stories on divorce and teen pregnancy. After an assessment of the articles, school officials determined the need to delete certain articles, two pages of articles in total, because the material was considered inappropriate for publication. The students and their parents determined the need to challenge the decision of school officials, and the District Court held that the school district was in alignment with their policies in deleting the pages in question. The District Court determined that no First Amendment violations occurred and the students petitioned to the Court of Appeals, who reversed this decision. The case was then heard by the United States Supreme Court, based on the issue of the constitutionality of the actions of the school district and some question as to whether the deletion of information resulted in a violation of student rights. The United States Supreme Court, then, in a review of the case, had to consider some major points, including the belief that children within a school system do not inherently have the same freedoms as adult populations. In fact, it was stated specifically that "First Amendment rights of students in the public schools are not automatically coextensive with the rights of adults in other settings, and must ...

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