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Constitution Day 2017: The First Amendment on College Campuses

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Free Speech on Campus

Student Press Law Center

Since 1974, the Student Press Law Center has provided education and legal assistance to high school and college journalists about the rights and responsibilities embodied in the First Amendment.  The SPLC provides free legal advice and information as well as low-cost educational materials for student journalists on a wide variety of topics.

 

American Civil Liberties Union (ACLU) Student Speech and Privacy

Many universities, under pressure to respond to the concerns of those who are the objects of hate, have adopted codes or policies prohibiting speech that offends any group based on race, gender, ethnicity, religion or sexual orientation.  The ACLU's stand is that this is the wrong response, well-meaning or not. "The First Amendment to the United States Constitution protects speech no matter how offensive its content. Speech codes adopted by government-financed state colleges and universities amount to government censorship, in violation of the Constitution". The ACLU believes that all campuses should adhere to First Amendment principles because academic freedom is a bedrock of education in a free society.

 

Exploring Constitutional Conflicts: Free Speech Rights of Students

When may administrators in public secondary schools and colleges restrict the speech of students?  The University of Missouri-Kansas City Law School  investigates several key Supreme Court cases dealing with free speech and student rights.

 

Tinker v. Des Moines Independent Community School District

Students do not, the Supreme Court tells us in Tinker vs. Des Moines, "shed their constitutional rights when they enter the schoolhouse door."  Student speech cases require a balancing of the legitimate educational objectives and need for school discipline of administrators against the First Amendment values served by extending speech rights of students. 

In Tinker, perhaps the best known of the Court's student speech cases, the Court found that the First Amendment protected the right of high school students to wear black armbands in a public high school, as a form of protest against the Viet Nam War.  The Court ruled that this symbolic speech--"closely akin to pure speech"--could only be prohibited by school administrators if they could show that it would cause a substantial disruption of the school's educational mission.

 

Electronic Frontier Foundation: Legal Guide for Student Bloggers

FAQ on Student Blogging addresses legal issues arising from student blogging. It focuses mainly on blogging by high school students, but also contains information for college students.

 

 

The First Amendment

 

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.


Overview of the First Amendment from Cornell University Law School


Selected Constitutional Law Decisions of the U.S. Supreme Court  from Cornell University Law School

 

 

 

'45 Words' - Bill of Rights: The 1st Amendment