ERIC Number: ED320241
Record Type: Non-Journal
Publication Date: 1988
Pages: 58
Abstractor: N/A
ISBN: N/A
ISSN: N/A
EISSN: N/A
Available Date: N/A
Free Expression and Censorship: Public Policy and the Law.
Mawdsley, Ralph D.; Mawdsley, Alice L.
This monograph traces the legal history of the conflict between constitutional rights of expression in the schools and school boards' control of education. Chapter 1 provides an introduction to the law and policy of free expression. Chapter 2 is a case study of "Kuhlmeier v. Hazelwood School District," in which a high school principal deleted two articles from the school newspaper. "Kuhlmeier" suggests that schools can exercise control over the style and content of student expression in school-sponsored activities as long as the schools' actions are reasonably related to legitimate educational concerns. Chapter 3 explores whether greater emphasis on administrative control of public education has meant movement away from student and faculty expression rights. An assessment of these questions involves a consideration of "Kuhlmeier," but also two other recent United States Supreme Court decisions, "New Jersey v. T.L.O." and "Bethel School District v. Fraser." Chapter 4 concludes the discussion with the observation that the judicial environment seems to have been adjusted to permit greater deference for the management decisions of school boards and administrators. Extensive references are appended to each chapter. (MLF)
Descriptors: Academic Freedom, Administrator Role, Board of Education Role, Censorship, Court Litigation, Elementary Secondary Education, Federal Courts, Freedom of Speech, Politics of Education, Public Schools, School Law, School Newspapers, School Role, Student Rights
Publication Sales, National Organization on Legal Problems of Education, 3601 S.W. 29th, Suite 223, Topeka, KS 66614 ($12.95 prepaid plus $2.00 postage and handling).
Publication Type: Legal/Legislative/Regulatory Materials; Opinion Papers; Books
Education Level: N/A
Audience: Policymakers; Practitioners
Language: English
Sponsor: N/A
Authoring Institution: National Organization on Legal Problems of Education, Topeka, KS.
Identifiers - Laws, Policies, & Programs: Bethel School District 403 v Fraser; Hazelwood School District v Kuhlmeier; New Jersey v TLO
Grant or Contract Numbers: N/A
Author Affiliations: N/A