Parties: Hazelwood Sch. Dist. v. Kuhlmeier
Date: 1988-01-13
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Paragraph: 37 - If mere incompatibility with the school's pedagogical message were a constitutionally sufficient justification for the suppression of student speech, school officials could censor each of the students or student organizations in the foregoing hypotheticals, converting our public schools into "enclaves of totalitarianism," id., at 511, 89 S.Ct., at 739, that "strangle the free mind at its source," West Virginia Board of Education v. Barnette, supra, 319 U.S., at 637, 63 S.Ct., at 1185. The First Amendment permits no such blanket censorship authority. While the "constitutional rights of students in public school are not automatically coextensive with the rights of adults in other settings," Fraser, supra, 478 U.S., at 682, 106 S.Ct., at 3164, students in the public schools do not "shed their constitutional rights to freedom of speech or expression at the schoolhouse gate," Tinker, supra, 393 U.S., at 506, 89 S.Ct., at 736. Just as the public on the street corner must, in the interest of fostering "enlightened opinion," Cantwell v. Connecticut, 310 U.S. 296, 310, 60 S.Ct. 900, 906, 84 L.Ed. 1213 (1940), tolerate speech that "tempt[s] [the listener] to throw [the speaker] off the street," id., at 309, 60 S.Ct., at 906, public educators must accommodate some student expression even if it offends them or offers views or values that contradict those the school wishes to inculcate.
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Phrase match: to freedom of speech or expression
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Paragraph: 56 - Since the censorship served no legitimate pedagogical purpose, it cannot by any stretch of the imagination have been designed to prevent "materia[l] disrup[tion of] classwork," Tinker, 393 U.S., at 513, 89 S.Ct., at 740. Nor did the censorship fall within the category that Tinker described as necessary to prevent student expression from "inva[ding] the rights of others," ibid. If that term is to have any content, it must be limited to rights that are protected by law. "Any yardstick less exacting than [that] could result in school officials curtailing speech at the slightest fear of disturbance," 795 F.2d, at 1376, a prospect that would be completely at odds with this Court's pronouncement that the "undifferentiated fear or apprehension of disturbance is not enough [even in the public school context] to overcome the right to freedom of expression." Tinker, supra, 393 U.S., at 508, 89 S.Ct., at 737. And, as the Court of Appeals correctly reasoned, whatever journalistic impropriety these articles may have contained, they could not conceivably be tortious, much less criminal.
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Phrase match: to freedom of expression
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Paragraph: 58 - The Court opens its analysis in this case by purporting to reaffirm Tinker § time-tested proposition that public school students "do not 'shed their constitutional rights to freedom of speech or expression at the schoolhouse gate.' " Ante, at 266 (quoting Tinker, supra, 393 U.S., at 506, 89 S.Ct., at 736). That is an ironic introduction to an opinion that denudes high school students of much of the First Amendment protection that Tinker itself prescribed. Instead of "teach[ing] children to respect the diversity of ideas that is fundamental to the American system," Board of Education v. Pico, 457 U.S., at 880, 102 S.Ct., at 2814 (BLACKMUN, J., concurring in part and concurring in judgment), and "that our Constitution is a living reality, not parchment preserved under glass," Shanley v. Northeast Independent School Dist., Bexar Cty., Tex., 462 F.2d 960, 972 (CA5 1972), the Court today "teach[es] youth to discount important principles of our government as mere platitudes." West Virginia Board of Education v. Barnette, 319 U.S., at 637, 63 S.Ct., at 1185. The young men and women of Hazelwood East expected a civics lesson, but not the one the Court teaches them today.
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Phrase match: to freedom of speech or expression
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Paragraph: 51 - The mere fact of school sponsorship does not, as the Court suggests, license such thought control in the high school, whether through school suppression of disfavored viewpoints or through official assessment of topic sensitivity. The former would constitute unabashed and unconstitutional viewpoint discrimination, see Board of Education v. Pico, 457 U.S., at 878-879, 102 S.Ct., at 2813-2814 (BLACKMUN, J., concurring in part and concurring in judgment), as well as an impermissible infringement of the students'N199* " 'right to receive information and ideas,' " id., at 867, 102 S.Ct., at 2808 (plurality opinion) (citations omitted); see First National Bank v. Bellotti, 435 U.S. 765, 783, 98 S.Ct. 1407, 1419, 55 L.Ed.2d 707 (1978). Just as a school board may not purge its state-funded library of all books that " 'offen[d] [its] social, political and moral tastes,' " 457 U.S., at 858-859, 102 S.Ct., at 2804 (plurality opinion) (citation omitted), school officials may not, out of like motivation, discriminatorily excise objectionable ideas from a student publication.
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Paragraph: 56 - Nor did the censorship fall within the category that Tinker described as necessary to prevent student expression from "inva[ding] the rights of others," ibid. If that term is to have any content, it must be limited to rights that are protected by law. N200* "Any yardstick less exacting than [that] could result in school officials curtailing speech at the slightest fear of disturbance," 795 F.2d, at 1376, a prospect that would be completely at odds with this Court's pronouncement that the N201* "undifferentiated fear or apprehension of disturbance is not enough [even in the public school context] to overcome the right to freedom of expression."
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Phrase match: the right to freedom of expression
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Paragraph: 22 - Instead, we hold that educators do not offend the First Amendment by exercising editorial control over the style and content of student speech in school-sponsored expressive activities so long as their actions are reasonably related to legitimate pedagogical concerns.
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Phrase match: of student speech in school-sponsored
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Paragraph: 37 - If mere incompatibility with the school's pedagogical message were a constitutionally sufficient justification for the suppression of student speech, school officials could censor each of the students or student organizations in the foregoing hypotheticals, converting our public schools intoN105* "enclaves of totalitarianism," id., at 511, 89 S.Ct., at 739, that N106* "strangle the free mind at its source," West Virginia Board of Education v. Barnette, supra, 319 U.S., at 637, 63 S.Ct., at 1185. The First Amendment permits no such blanket censorship authority. While the "constitutional rights of students in public school are not automatically coextensive with the rights of adults in other settings," Fraser, supra, 478 U.S., at 682, 106 S.Ct., at 3164, students in the public schools do not "shed their constitutional rights to freedom of speech or expression at the schoolhouse gate,"
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Phrase match: no such blanket censorship authority. While the
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Paragraph: 38 - N107* We held that official censorship of student expression—there the suspension of several students until they removed their armbands protesting the Vietnam war—is unconstitutional unless the speech N108* "materially disrupts classwork or involves substantial disorder or invasion of the rights of others. . . ."
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Phrase match: held that official censorship of student expression
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Paragraph: 46 - The same cannot be said of official censorship designed to shield the audience or dissociate the sponsor from the expression. Censorship so motivated might well serve (although, as I demonstrate infra, at ---- - ----, cannot legitimately serve) some other school purpose. But it in no way furthers the curricular purposes of a student newspaper, unless one believes that the purpose of the school newspaper is to teach students that the press ought never report bad news, express unpopular views, or print a thought that might upset its sponsors. Unsurprisingly, Hazelwood East claims no such pedagogical purpose.
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Paragraph: 52 - Official censorship of student speech on the ground that it addresses "potentially sensitive topics" is, for related reasons, equally impermissible. I would not begrudge an educator the authority to limit the substantive scope of a school-sponsored publication to a certain, objectively definable topic, such as literary criticism, school sports, or an overview of the school year. Unlike those determinate limitations, "potential topic sensitivity" is a vaporous nonstandard—like " N109* 'public welfare, peace, safety, health, decency, good order, morals or convenience,' " Shuttlesworth v. Birmingham, 394 U.S. 147, 150, 89 S.Ct. 935, 938, 22 L.Ed.2d 162 (1969), or " 'general welfare of citizens,' " Staub v. Baxley, 355 U.S. 313, 322, 78 S.Ct. 277, 282, 2 L.Ed.2d 302 (1958)—that invites manipulation to achieve ends that cannot permissibly be achieved through blatant viewpoint discrimination and chills student speech to which school officials might not object.
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Phrase match: Official censorship of student speech
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