Free Speech

Case - 496 U.S. 226

Parties: Bd. of Educ. v. Mergens

Date: 1990-06-04

Identifiers:

Opinions:

Segment Sets:

Paragraph: 95 - This case involves the intersection of two First Amendment guarantees—the Free Speech Clause and the Establishment Clause. We have long regarded free and open debate over matters of controversy as necessary to the functioning of our constitutional system. See, e.g., Police Dept. of Chicago v. Mosley, 408 U.S. 92, 95-96, 92 S.Ct. 2286, 2290, 33 L.Ed.2d 212 (1972) (N222* "To permit the continued building of our politics and culture, and to assure self-fulfillment for each individual, our people are guaranteed the right to express any thought, free from government censorship"). That the Constitution requires toleration of speech over its suppression is no less true in our Nation's schools.

Notes:

  • N222* / quote / endorsement / Q0132 /

Preferred Terms:

  • (is) expression of thoughts
  • (is) speech in schools

Phrase match: the right to express any thought

Source: http://freespeech.iath.virginia.edu/exist-speech/cocoon/freespeech/FOS_newSTerms_One?doc=/db/fos_all/federal/SC/1990s/19900604.496.US.226.xml&keyword1=right to&wordsBefore=1&wordsAfter=3#m1

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Paragraph: 95 - N114* "To permit the continued building of our politics and culture, and to assure self-fulfillment for each individual, our people are guaranteed the right to express any thought, free from government censorship"). That the Constitution requires toleration of speech over its suppression is no less true in our Nation's schools.

Notes:

  • N114* / quote / endorsement / Q0126 /

Preferred Terms:

  • (why is)

Phrase match: free from government censorship"). That the Constitution

Source: http://freespeech.iath.virginia.edu/exist-speech/cocoon/freespeech/FOS_newSTerms_One?doc=/db/fos_all/federal/SC/1990s/19900604.496.US.226.xml&keyword1=censorship&wordsBefore=3&wordsAfter=3#m1

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Paragraph: 44 - there is a crucial difference between government speech endorsing religion, which the Establishment Clause forbids, and private speech endorsing religion, which the Free Speech and Free Exercise Clauses protect. We think that secondary school students are mature enough and are likely to understand that a school does not endorse or support student speech that it merely permits on a nondiscriminatory basis. Cf. Tinker v. Des Moines Independent Community School Dist., 393 U.S. 503, 89 S.Ct. 733, 21 L.Ed.2d 731 (1969) (no danger that high school students' symbolic speech implied school endorsement); West Virginia State Bd. of Ed. v. Barnette, 319 U.S. 624, 63 S.Ct. 1178, 87 L.Ed. 1628 (1943) (same). See generally Note, 92 Yale L.J. 499, 507-509 (1983) (summarizing research in adolescent psychology). The proposition that schools do not endorse everything they fail to censor is not complicated.

Notes:

Preferred Terms:

  • (is) private speech endorsing religion in schools

Phrase match: high school students' symbolic speech implied school endorsement

Source: http://freespeech.iath.virginia.edu/exist-speech/cocoon/freespeech/FOS_newSTerms_One?doc=/db/fos_all/federal/SC/1990s/19900604.496.US.226.xml&keyword1=symbolic speech&wordsBefore=3&wordsAfter=5#m1

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