EDMOND —
EDITOR’S NOTE: This is a weekly series of columns written by attorneys at Lester, Loving & Davies law firm in Edmond.
Q: Do children have free speech rights at school?
A: American jurisprudence has, for a century, made it clear that neither students nor teachers shed their rights to free speech at the schoolhouse door. So, we begin with the concept that a student’s speech at school is generally as protected as anyone’s free speech rights anywhere. But all rights have limits. And cases interpreting constitutional rights long have recognized that the nature and limits of rights are, to some degree, dependent on the circumstances surrounding their exercise.
The U.S. Supreme Court addressed the issue in 1969 in the seminal case of Tinker vs. Des Moines, 393 U.S. 503. In Tinker, five students wore black armbands to school in protest of the war in Vietnam. The school administration, previously having learned of the planned protest, adopted a policy prohibiting the display of armbands on school property. When the students refused to remove the bands, they were suspended.
The Tinker case illustrates the legal issue well. Students have the right to free speech, unfettered by government control. Schools, though, need to provide order on campus. When the two needs bump up against each other, how does the law make them interact and coexist?
The Tinker case provides the basic rule. Schools only may limit students’ free speech when the speech materially and substantially interferes with the requirements of appropriate discipline in the operation of the school, or when the speech interferes with the protected rights of others. Because the Tinker students’ display of armbands did not interfere with operation of the school or with the rights of other students or faculty, the school could not ban the students’ display of armbands.
Other cases have defined additional exceptions to students’ free speech rights. Schools may regulate student speech when the speech is indecent. Sexual innuendo in a student speech at a school assembly, then, is not protected and can be regulated. Schools may limit the content of school-sponsored papers when the limitation is for a legitimate educational reason. Schools may prohibit speech at school-sponsored events when the speech promotes illegal drug use.
Today, the most interesting free speech issue may well be the degree to which schools can regulate student speech that occurs on public forum websites. The rapid growth of technology has greatly expanded opportunities for students to publicize comments that may offend or disrupt. We will address this issue in future articles.
MATT HOPKINS is an attorney for Lester, Loving & Davies P.C. More information is available at lldlaw.com. Send questions to questions@lldlaw.com.
Local News
Students maintain free speech rights, with limits
- Local News
-
-
![923305_586131604744164_6027940_n[2].jpg](http://d6673sr63mbv7.cloudfront.net/archive/x240783556/g06e00000000000000088c00d307804c824de96fe0f32cf9fddf34f4c93.jpg "923305_586131604744164_6027940_n[2].jpg")
Yukon resident provides ‘Bikes 4 Kids’ who have none
He may not look like Superman or dress like him either, but for thousands of children in the metro area, one man fills that role daily as he does good deeds for children he has never met.
-
Organizers postpone Jazz and Blues Festival
The 25th annual Edmond Jazz and Blues Festival scheduled for this weekend at Stephenson Park has been postponed due to the prospect of inclement weather and the ongoing recovery efforts of last Monday’s tornadoes.
Mark Neighbors, chairman of the Edmond Jazz and Blues Festival, said a final decision was made Thursday to postpone the festival until a later date this summer. -
3rd grader left ill-fated school with minutes to spare
Scott Lewis picked up his son, Zack, from Plaza Towers Elementary School as hail pounded the school Monday afternoon. About 5 minutes after they left, said Lewis, the monster tornado smashed into the building.
Seven of Zack’s third-grade classmates were killed when the tornado knocked down the school’s walls and ceilings. Others were injured; several remain hospitalized, Lewis said. -
Weather expert: Schools need shelters
Ninety-four percent of Oklahoma schools do not have tornado shelters, according to Gov. Mary Fallin, even though at least one weather expert says they should be standard. With two Moore schools destroyed in Monday’s EF-5 tornado — and ...
-
OG&E works to replace Edmond power poles
“Oh my God, it’s the tornado,” Betsy Herring thought as she and her husband, Lee, took shelter in their laundry room as Sunday’s tornado roared toward their Forest Oaks home in Edmond.
-
Equine center aids Orr Family Farm horses
Connie Yearwood, a third-year veterinary student at Oklahoma State University, had been job shadowing at Equine Medical Association in Edmond when the call came to help rescue horses that were injured during Monday’s tornado in Moore and Oklahoma City.
-
Lincoln County Emergency Management calls for help
Carney is a city of about 649 residents and following the recent tornado outbreak 20 homes were destroyed there and an additional 18 homes in the county were leveled.
Wednesday, a press release from Lincoln County, along with Wellston Emergency Management Office and the City of Carney, stated that at this time the needs have changed for the city. -
Oklahoma National Guard coordinates tornado relief support
Oklahoma National Guard members, who work side-by-side with local responders to aid in recovery efforts during domestic operations such as the May 20 tornado that tore through Oklahoma City and Moore, are given their tasks through the Guard's Joint Operations Center.
The JOC, located in the Guard's Joint Force Headquarters in Oklahoma City, is primarily responsible for the collection, dissemination and tracking of information to increase the situational awareness for leadership as well as the National Guard Bureau, said Lt. Col. Hiram Tabler, the director of military support for Oklahoma's Joint Force Headquarters. -
UPDATE: Businesses, groups offer free relief to tornado victims
Listed is information on free services offered to victims of the recent tornadoes.
-
House approves $45M aid package for tornado victims
As rain poured this morning on disaster relief workers in the Moore and Oklahoma City areas, the Oklahoma House of Representatives unanimously approved a $45 million aid package to provide relief to those impacted by Monday’s EF-5 tornado.
- More Local News Headlines
-
AK-47-wielding thug may be the most bumbling crook ever
Oklahoma Survivors, Heroes Survey Damage
Trout's cycle a boost for Angels
Raw: New Video of Deadly Oklahoma Tornado
Kim Kardashian Flaunts Pregnant Bikini Body in Greece
NBA star pledges $1M to help tornado recovery
Shakira's Shocking Talent
Morgan Freeman falls asleep on air
GRAPHIC: Blood-Soaked Machete Killer Caught on Tape
Elin Nordegren Furious With Lindsey Vonn For Parading Kids in Public
Camera Captures Climber As He Loses Grip And Falls
Helen Mirren Meets with Dying Boy in Queen Elizabeth's Place
Crowd Chants '¡Si, Se Puede!' After Passage of Immigration Bill
DWTS Crowns a Winner
Police Ram House to End Hostage Standoff
Demi Moore a Rocks Bikini at Harry Morton's Family House
Anthony Weiner: I'm running for New York City mayor
Kate Middleton's Dress Flies Up
VIRAL: Baby makes epic soccer goal
The Hangover Baby All Grown Up
