On Your Own; Your Legal Right @ Eighteen On Your Own formatted final version | Page 6
HiTS 4 JESUS,” do not enjoy the same level of protection. Morse v.
Frederick, 551 U.S. 393 (2007).
While a school may not censor speech or expression simply to prevent
controversy, Tinker, 393 U.S. 503, speech that is disruptive to the school’s
learning environment is not protected. For example, the Supreme Court
noted that “lewd” speech mentioned above apparently had a negative
effect on classroom learning for the remainder of the school day, justifying
its censorship. Frasier, 478 U.S. at 675.
A school may prevent you from making statements that run the risk of
being confused with officially school-endorsed views or run counter to the
“school’s basic educational mission.” For example, the Supreme Court
allowed a high school principal to censor a school newspaper article,
written by students as part of a journalism class, dealing with teen
pregnancy and divorce in manner that the principal deemed a threat to
student confidentiality and too explicit for younger students. Hazelwood
Sch. Dist. v. Kuhlmeier, 484 U.S. 260 (1988). School administrators will
generally have broad discretion to make “reasonable” restrictions on such
material.
If you attend a public college or university, you will enjoy similar free
speech protections. In fact, these protections are likely to be even
stronger, as the Supreme Court seems to be less concerned about the
emotional maturity of the students or the potential for the mistaken
perception that the school is endorsing a particular view. Compare
Kuhlmeier, 484 U.S. at 271, with Rosenberger v. Rector & Visitors of the
Univ. of Va., 515 U.S. 819, 841-842 (1995). For example, an “indecent,”
though not obscene, political cartoon in a campus newspaper is
constitutionally protected speech. Papish v. Bd. of Curators of Univ. of
Mo., 410 U.S. 667, (1973). Though the institution may impose
“reasonable” regulations on the time, manner, and place of your speech
or expression, the school may not regulate content in such a way as to
subordinate your freedom of speech to “conventions of decency.” Id. at
669-670. If a public school does regulate your speech, it must do so in a
viewpoint neutral way, without favoring any religious or political opinion
over another. Bd. of Regents v. Southworth, 529 U.S. 217 (2000). If you
are a member of a religious organization on campus, your organization is
entitled to access school funding or resources in the same way as other
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