American Government help? 1 question. Best answer and 10 points?
What are the cases Bethel School District v. Fraser and Hazelwood School District v. Kuhlmeier about? How do they affect public schooling today?
PLEASE HELP? I don't know the question at all and would like to know it for my final coming up. Thank you!!
- kelliegirl33Lv 77 years agoFavorite Answer
Bethel School District v. Fraser : (1986)
This is a first amendment issue case involving free speech in public schools. Seventeen year old Matthew Fraser was supporting his friend who was running for some election in the school (I am not sure what his friend was running for). Fraser was giving a speech during an assembly at the school. The speech included obscene, vulgar language, which the school had a policy not allowing this. Because of this, Fraser got suspended for two days. He was also prohibited from speaking at his graduation ceremony. Fraser then filed a case against the school claiming it was a violation of his first amendment rights of freedom of speech. The U.S. district court ruled in favor of Fraser. However, the school took it to the Supreme Court, who reversed the court of appeals and found that the school did have the right to suspend him. The first amendment does not prohibit schools from prohibiting vulgar and lewd speeches since such discourse was inconsistent with the " fundamental values of public school education ."
Public schools today still honor the policy of no obscene or vulgar language. It disrupts the learnning process.
Hazelwood School District v. Kuhlmeier : (1988)
This is a case that deal with the first amendment and freedom of expression. It involves a newspaper , called The Spectrum, that the student published as part of a journalism class. Howard Emerson submitted proofs of an issue of the newspaper to the principal for approval, which was common. The principal objected to two of the stories because they dealt with teen pregnancy and divorce. The names were changed for privacy reasons. The principle believed that the reference to sexual activity and birth control were inappropriate for younger students at the school. He also believed that the divorce story should have included the parents' response and not just the kid's story. Reynolds did not believe there was time to make appropriate changes, therefore he did not publish the stories. Kathy Kuhlmeier, the editor, filed suit against the school for not allowing them their freedom of expression. The lower court decided in favor of the school. However, the U.S. court of appeals circuit court reversed the decision stating the Spectrum was a public forum and it could not be censored unless " necessary to avoid material and substantial interference with school work or discipline or the rights of others. The U.S. Supreme court granted a judicial review in which they overturned the decision of the circuit court. The majority of the justices held that the principle was entitled to censor the articles. The court established that the student publication could be regulated by school officials, and that they " reserved the forum for its intended purpose, as a supervised learning experience for journalism students ."
Under the first amendment, schools can censor non-forum school newspapers when they can justify their decisions by stating an educational purpose. However, they cannot censor articles based on personal opinions. However, seven states have passed laws guaranteeing all students newspapers have the rights to publish freely. These states are Arkansas, California, Colorado, Iowa, Kansas, Kentucky, Massachusetts, and Oregon. The Hazelwood standard does not apply in these states.
- 5 years ago
how do these cases effect schools today