ERIC Number: ED295174
Record Type: Non-Journal
Publication Date: 1988-Jul
Pages: 53
Abstractor: N/A
ISBN: N/A
ISSN: N/A
EISSN: N/A
Available Date: N/A
Hazelwood School District v. Kuhlmeier: A Constitutional Retreat or Sound Public Policy?
Day, Louis A.; Butler, John M.
The Supreme Court's consideration of the issue of First Amendment protection for the student press is examined in this paper by analyzing "Hazelwood School District v. Kuhlmeier," where the court ruled that the school is the publisher and that the principal has the right to regulate the content of the newspaper in "any reasonable manner." The paper argues that--viewed in a broad historical perspective--"Hazelwood" is not a constitutional retreat, but rather predicated upon reasonable philosophical and educational theories and principles of sound public policy. First, the paper traces the evolution of conflicting educational ideologies within the American judicial system. Next, the paper attempts to demonstrate that "Hazelwood" is not just another move by a conservative Court to restrain individual liberties but represents a belief that school officials should be accorded substantial deference in their formulation and implementation of educational policy. The paper also explores several rationales for a diminished ("limited capacity") free expression right within the public academy, the cumulative effect of which should be to allow teachers and school officials to inculcate immature minds with a sense of social responsibility and morality without irreparably impairing the aspiring young journalist's enthusiasm for individual self-expression. The paper concludes that "Hazelwood" represents a restoration of the proper balance between the pedagogical mission of the public schools and the role of the student press. (One hundred and ninety-three notes are included.) (MS)
Descriptors: Administrator Role, Constitutional Law, Educational Policy, Freedom of Speech, Government School Relationship, Journalism, Journalism Education, News Media, Press Opinion, Progressive Education, Public Policy, Public Schools, School Law, School Policy, School Responsibility, Secondary Education, Student Rights
Publication Type: Speeches/Meeting Papers; Opinion Papers
Education Level: N/A
Audience: N/A
Language: English
Sponsor: N/A
Authoring Institution: N/A
Identifiers - Laws, Policies, & Programs: First Amendment; Hazelwood School District v Kuhlmeier; Tinker v Des Moines Independent School District
Grant or Contract Numbers: N/A
Author Affiliations: N/A