Your 1st Amendment Rights

The 1 st Amendment to the U.S. Constitution guarantees the freedoms that many consider to be the essence of America. The five freedoms guaranteed by the 1 st Amendment are speech, press, religion, assembly and petition. Collectively, these are sometimes referred to as freedom of expression.

Freedom of speech is the foundation on which all other 1 st Amendment freedoms are based; without it the other freedoms could not exist. The purpose of free speech is to protect the minority, often unpopular, viewpoint from being overpowered by the majority, or by the government. The minority viewpoint needs to be heard because, in the long term, it may shape public opinion.

Over the years, the courts have clarified when and how speech can, and cannot, be restricted by the government.

• For example, true threats and obscenity are notprotected speech
• On the other hand, provocative or offensive political opinions are protected speech
• The government can only regulate protected speech in very specific instances, such as protecting public safety or national security

Do you have the same rights at school?

While you don’t shed your Constitutional rights when you go to school, they must be balanced with the rights of your classmates, as well as the responsibility of the school to provide a safe environment and a quality education.

Consider these questions as you study the case histories that follow:

• Do I have freedom of speech at school?
• Can my school restrict my speech or writing? If so, for what reason(s)?
• Can I be punished for what I say or write at school?

Case Studies

Tinker v. Des Moines Independent Community School District, 1969

• Facts
• Issue
• Case History

• Three public school students wore black armbands to school to protest the Vietnam War. They were suspended from school for refusing to remove them. John Tinker and Christopher Eckhardt were high school students, and Mary Beth Tinker was in 8 th grade at the junior high. Upon hearing about their plan to wear the armbands, the school district created a policy forbidding armbands. The three students wore the armbands anyway, and they were suspended from school. They sued the district for violating their 1 st Amendment rights.
• Does prohibiting a public school student from wearing an armband in symbolic protest violate the 1 st Amendment?
• The U.S. District Court for the Southern District of Iowa dismissed the suit in favor of the school district’s authority to prevent discipline problems. The students appealed to the Eighth Circuit Court of Appeals, which heard the case en banc. The Eighth Circuit decision was a tie, which means the decision of the lower court stands. The students then asked the U.S. Supreme Court to review the case.

What do you think the U.S. Supreme Court decided?

• Decision
• Quote
• Learn More

• The Oyez Project
• The opinion of the U.S. Supreme Court
• The official version of the opinion can be found in the U.S. Reports at your local law library. Tinker v. Des Moines Independent Community School District, 393 U.S. 503 (1969)
• See our online exhibit about the Tinker case

Bethel School District v. Fraser, 1986

• Facts
• Issue
• Case History

• A public school student was suspended for giving a speech at a school assembly that included indecent content. Matthew Fraser was a high school student who gave a speech to nominate another student for a student government office. Approximately 600 other students voluntarily attended the assembly at which the speech was given. The speech included repeated use of an “elaborate, graphic, and explicit sexual metaphor,” in reference to the other student. The speech caused his fellow students to yell and make obscene gestures. He later admitted using sexual innuendo in the speech and was suspended. He was also banned from speaking at graduation. The school had a standing policy against disruptive conduct. He sued the school for violating his right to free speech.
• Does suspension of a public school student for giving a lewd speech at a school assembly violate the 1 st Amendment?
• The U.S. District Court for the Western District of Washington found that the school violated the 1 st Amendment. The school district appealed to the Ninth Circuit Court of Appeals, which affirmed this decision. The school district then asked the U.S. Supreme Court to review the case.

What do you think the U.S. Supreme Court decided?

• Decision
• Quote
• Learn More

• The Oyez Project
• The opinion of the U.S. Supreme Court
• The official version of the opinion can be found in the U.S. Reports at your local law library. Bethel School District v. Fraser, 478 U.S. 675 (1986)

Hazelwood School District v. Kuhlmeier, 1988

• Facts
• Issue
• Case History

• A public school principal removed two articles from the school newspaper due to content he considered inappropriate. The school newspaper at Hazelwood East High School, “Spectrum,” was produced by the journalism class. The district’s Board of Education paid for the publication. Two articles were removed from an issue because the principal found their content objectionable. One story was about teen pregnancy, and the other was about divorce. Cathy Kuhlmeier and two other students from the class sued the school, claiming their 1 st Amendment rights had been violated.
• Does censorship of the student newspaper by a public school principal violate the 1 st Amendment?
• The U.S. District Court for the Eastern District of Missouri found no 1 st Amendment violation. The students appealed to the Eighth Circuit Court of Appeals, and that court found in their favor. The Eighth Circuit said the students’ rights had been violated. The school district then asked the U.S. Supreme Court to review the case.

What Do You Think The U.S. Supreme Court Decided?

• Decision
• Quote
• Learn More

• The Oyez Project
• The opinion of the U.S. Supreme Court
• See the issue of Spectrum here
• The official version of the opinion can be found in the U.S. Reports at your local law library. Hazelwood School District v. Kuhlmeier, 484 U.S. 260 (1988)

Morse v. Frederick, 2007

• Facts
• Issue
• Case History

• A public school student was suspended for displaying a banner promoting drug use at a school event. In 2002, the Olympic Torch Relay passed through Juneau, Alaska on the way to the winter games in Salt Lake City, Utah. Since it passed right in front of the public high school, students attended with their teachers as a school-sponsored event. As the runners passed by, a senior named Joseph Frederick, with the help of others, held up a 14-foot banner that read: “BONG HiTS 4 JESUS.” The principal, Deborah Morse, confiscated the banner and suspended Mr. Frederick. Mr. Frederick sued the school, and the principal, for violating his rights.
• Does suspension of a public school student for displaying a message promoting drug use, at a school-sponsored event, violate the 1 st Amendment?
• The U.S. District Court for the District of Alaska ruled in favor of the school officials, agreeing that there had been no violation of the 1 st Amendment. The student appealed, and the Ninth Circuit Court of Appeals agreed with him and reversed the District Court.

What do you think the Supreme Court decided?

• Decision
• Quote
• Learn More

• The Oyez Project
• The opinion of the U.S. Supreme Court
• See the banner here
• The official version of the opinion can be found in the U.S. Reports at your local law library. Morse v. Frederick, 551 U.S. 393 (2007)

Your 1st Amendment Rights

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The ruling that schools can censor student publications if there is a legitimate educational concern was issued in which case?