Hazelwood School District V. Kuhlmeier, Term Paper

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S. constitution grants its citizens the right of freedom of speech but this freedom is not available in absolute terms. Many a times schools & educational institutions exercise control in different affairs related to its curricula, extra curricular activities and even in-house publications. The administration however can not take this exception for granted and have to prove that their control does not blatantly impinge upon the rights given to students by the First & the Fourth amendment of the constitution.

First Amendment Right to Schools: Just like First amendment gives rights to the students similarly the same laws give rights to schools to promote particular student speech. They have the right to control "school sponsored publications, theatrical productions, and other expressive activities that students, parents, and members of the public might reasonably perceive to bear the imprimatur of the school."

Analysis:

Case of Tinker is one of the most famous cases filed with respect to freedom.

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In fact, this one case became a torchbearer of sorts in terms of future lawsuit by students and parent and the decision taken by court. The judge in this case granted students the freedom of expression given to them by First Amendment. U.S. Supreme Court Justice Abe Fortas used these words in the case, "It can hardly be argued that either students or teachers shed their rights at the schoolhouse gate... In our system, state-operated schools may not be the enclaves of totalitarianism. School officials do not possess absolute authority over their students." However, Supreme Court did not give this right to students in absolute terms mentioning that school can restrict certain aspects if they find them to disorder the normal functions of school and classroom life. Same happened when Hazelwood tried to control the publication with respect to sensitive….....

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