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21 February, 02:00

How this case is similar to the Hazelwood v. Kuhlmeier case?

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  1. 21 February, 02:14
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    Hazelwood School District et al. v. Kuhlmeier et al., 484 U. S. 260 (1988), was a landmark decision by the Supreme Court of the United States that held that public school curricular student newspapers that have not been established as forums for student expression are subject to a lower level of First Amendment protection than independent student expression or newspapers established (by policy or practice) as forums for student expression.

    The case concerned the censorship of two articles in The Spectrum, the student newspaper of Hazelwood East High School in St. Louis County, Missouri, in 1983. When the school principal removed an article concerning divorce and another concerning teen pregnancy, the student journalists sued, claiming that their First Amendment rights had been violated. A lower court sided with the school, but its decision was overturned by the U. S. Court of Appeals for the Eighth Circuit, which sided with the students.

    In a 5-3 decision rendered in 1988, the Supreme Court overturned the circuit court's decision, determining that school administrators could exercise prior restraint of school-sponsored expression, such as newspapers and assembly speeches, if the censorship is "reasonably related to legitimate pedagogical concerns". In this, school-sponsored newspapers are considered limited public forums of expression.

    The case, and the earlier Tinker v. Des Moines Independent Community School District, are considered landmark decisions for defining the right to expression for students in public schools. While subsequent court rulings have varied on when Hazelwood applies, the case remains a strong precedent in the regulation of student speech. However, the New Voices bill of 2016, passed by 18 states, ignores the Hazelwood decision and returns to the Tinker precedent. [1]
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