Censoring+Speech+at+Graduation

Censoring Speech at a Graduation Outline


 * I. Discuss the following court cases with the school district that gives students the right to share in his graduation speech what he/she chooses. **

“The Court held that the students’ speech was protected; students do not “shed their constitutional rights to freedom of speech or expression at the schoolhouse gate,” and school officials may not punish or prohibit student speech unless they can clearly demonstrate that it will result in a material and substantial disruption of normal school activities or invade the rights of others” __(__Tinker v. Des Moines Independent Community School District, n.d)  __Explanation:__ In the simplest wording, this court case ruled that students’ freedom of speech cannot be taken away just because they are at school. While, many court cases have come since then, this case maintains the most basic and pure ruling that students still have freedom of speech.
 * A. ** **Tinker v. Des Moines Independent Community School District- 1969 **

 “School officials may not mandate or organize prayer at graduation or select speakers for such events in a manner that favors religious speech such as prayer. Where students or other private graduation speakers are selected on the basis of genuinely neutral, evenhanded criteria and retain primary control over the content of their expression, however, that expression is not attributable to the school and therefore may not be restricted because of its religious (or anti-religious) content. To avoid any mistaken perception that a school endorses student or other private speech that is not in fact attributable to the school, school officials may make appropriate, neutral disclaimers to clarify that such speech (whether religious or nonreligious) is the speaker's and not the school's” ( Guidance on Constitutionally Protected Prayer in Public Elementary and Secondary Schools, n.d.).  __Explanation:__ While there are many parts to this policy if the school had chosen to handle the speech in a different way there would be no issue. First, since a salutatorian is chosen solely on academic success it is a neutral and fair judgment. This allows that the student has freedom of expression in his content. The school could have also chosen to give a verbal or written disclaimer, which many other school have, that states the words of the student and not the school perspective. This would also have resolved the problems withheld in the case by allowing the student freedom of expression and removing all responsibility from the school.
 * B. ****U.S. Department of Education Policy **

“School districts cannot make or enforce any rule subjecting a high school student to disciplinary sanctions on the basis of speech or other communication that–outside campus–is protected by the First Amendment or Section 2 of Article 1 of the California Constitution. Students can take civil action to obtain legal relief and the court can award attorney’s fees to a prevailing plaintiff in a civil action. This does not apply to private religious secondary schools, and nothing prohibits disciplining students for harassment, threats, or intimidation.” ( The First Amendment in Schools: Resource Guide: Student Publications __, __ 1999).  __Explanation-__ California, the state in which this case takes place, has what is considered an Anti-Hazelwood law, see letter D, which protects the student's first amendment rights in any case in which the student is not harassing, threatening, or intimidating. Many who argue against students being allowed freedom of speech would argue that Hazelwood v. Kublmeier gives lead way to the ruling; however, California has chosen to not follow Hazelwood v. Kublmeier and implement their own code.
 * C. ** **<span style="font-family: 'Times New Roman',serif; font-size: 12pt;">California Education Code 48907 **

<span style="font-family: 'Times New Roman',serif; font-size: 12pt;">“Upholds the authority of school officials to control content of school publications for educational purposes or to insure that it represents the school accurately and appropriately” ( <span style="font-family: 'Times New Roman',serif;">The First Amendment in Schools: Resource Guide: Student Publications __<span style="font-family: 'Times New Roman',serif; font-size: 12pt;">, __<span style="font-family: 'Times New Roman',serif; font-size: 12pt;"> 1999). <span style="font-family: 'Times New Roman',serif; font-size: 12pt;"> __Explanation-__ Some might choose to use this case as a counter; however, it is not all important element because the above stated policies by the US Department of Education and the state of California allow school officials to show that the expression of the students are not the responsibility of the school and are allowable when not offensive.
 * <span style="font-family: 'Times New Roman',serif; font-size: 12pt;">D. ** **<span style="font-family: 'Times New Roman',serif; font-size: 12pt;">Hazelwood School District v. Kuhlmeier ****<span style="font-family: 'Times New Roman',serif; font-size: 12pt;"> (1988) **


 * <span style="font-family: 'Times New Roman',serif; font-size: 12pt;">II. After discussing the cases and explanations discuss with the school district or principal what options they have. **
 * <span style="font-family: 'Times New Roman',serif; font-size: 12pt;">Include a written comment in the graduation bulletin or spoken comment in the beginning of the ceremony that the speeches are the view of the students and not of the school.
 * <span style="font-family: 'Times New Roman',serif; font-size: 12pt;">Also using this opportunity as a teaching moment showing that one must be responsible for what they say.
 * <span style="font-family: 'Times New Roman',serif; font-size: 12pt;">Choose students based on non-neutral subjective terms, like student voting, and require they turn in their speeches and allow them to be censored.

__<span style="font-family: 'Times New Roman',serif; font-size: 12pt;">References __ <span style="font-family: 'Times New Roman',serif;">Guidance on Constitutionally Protected Prayer in Public Elementary and Secondary Schools. (n.d.). Retrieved April 21, 2016, from <span style="font-family: 'Times New Roman',serif;"> [] <span style="font-family: 'Times New Roman',serif;">Tinker v. Des Moines Independent Community School District. (n.d.). Retrieved April 21, 2016, from [|http://www.splc.org/article/2000/12/tinker-v-des-moines-independent-community-school- district?id=2] <span style="font-family: 'Times New Roman',serif;">The First Amendment in Schools: Resource Guide: Student Publications. (1999). Retrieved April 21, 2016, from [|http://ncac.org/resource/the-first-amendment-in-schools-resource-guide-student- publications]