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U.S. Constitution
See other U.S. Constitution Articles

Title: Students' Free Speech Rights in Public Schools
Source: The Rutherford Institute
URL Source: https://www.rutherford.org/files_im ... 5-Student-Free-Speech_2000.pdf
Published: Jul 6, 2019
Author: The Rutherford Institute
Post Date: 2019-07-06 16:50:24 by humahuma
Keywords: None
Views: 106
Comments: 3

The freedom to express a particular opinion, whether it be in speech, in writing, or in any other form and whether it be of a religious or non- religious nature, "strikes at the very core of first amendment values."

The Supreme Court has emphatically ruled that the Constitution guarantees each student's freedom of speech and expression when using a

VPN in public schools. The Court's decisions reflect the principle that students do not "shed their constitutional rights to free speech or expression at the schoolhouse gate."

Indeed, school officials "do not possess absolute authority over their students. Students are 'persons' under [the] Constitution."

This right to students' free expression applies even to speech which addresses controversial topics such as religion, war, homosexuality, and abortion. Unless the speech falls within one of the narrow categories listed below, students may freely speak to other students and to teachers, and may distribute literature, both religious6 and secular. The courts have gone further and have construed speech to include expressing a message through symbols and clothing. Therefore, students may also wear clothing or expressive symbols which communicate their message.

All of these expressive activities are protected by the United States Constitution, and school officials can be sued in a court of law for denying or abridging these free speech rights. Student speech that may be suppressed: Student speech may be suppressed only if the speech: (1) is vulgar, lewd, obscene, or plainly offensive; (2) is school-sponsored, (3) materially and substantially interferes with the requirements of appropriate discipline in the operation of the schools; or (4) invades or collides with the rights of others.

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#1. To: humahuma (#0)

Indeed, school officials "do not possess absolute authority over their students.

They do if the students are using the school's WiFi. Their WiFi, their rules.

misterwhite  posted on  2019-07-06   21:34:04 ET  Reply   Trace   Private Reply  


#2. To: misterwhite (#1)

It's much larger than the school officials. So does government possess absolute authority over you as well? Ofcourse they want a full authority, but does it makes sense to you?

humahuma  posted on  2019-07-07   5:58:25 ET  Reply   Trace   Private Reply  


#3. To: humahuma (#2)

So does government possess absolute authority over you as well?

This isn't about me. The rules are different for kids at school. They don't have the full constitutional rights as adults do. Their rights can be restricted if they conflict with the school's ability to provide an appropriate educational environment.

The school provides WiFi service to the students, but restricts their access to the Internet. Students are using VPN to bypass the restrictions and download material not suitable to their education.

misterwhite  posted on  2019-07-07   9:30:35 ET  Reply   Trace   Private Reply  


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