Chapter 3
| A. Hate speech/fighting words |
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face to face v. mediums |
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Chaplinsky v. New Hampshire (1942)
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"fighting words doctrine" |
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quote by Justice Murphy
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"inflict injury" or "incite
an immediate breech of the peace" |
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"any benefit is outweighed by the
social interest in order and morality" |
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key - the harm is not insult or offense
but a breach of the peace (fighting, rioting) |
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must be face to face and to whom the remark is addressed |
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Can a community limit certain types of speech? (ex. hate speech directed against "race, color, creed, religion or gender") |
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content based speech (punishing certain
forms of speech and not others) |
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Speech codes on campuses - lots of attempts,
most abandoned or unenforced |
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| B. Schools and the First Amendment |
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"in loco parentis" - in the
place of parents |
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Tinker v. Des Moines School District (1969)
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the right of educators to silence a student's
personal expression that happens to occur on school property |
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students may express opinions (under
the FA) if they do so "without materially and substantially interfering
with the requirements of appropriate discipline in the operation of the
school and without colliding with the rights of others." |
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"students do not shed their rights
at the schoolhouse gate" |
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"Straight Pride" case |
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The Morse case - Bong Hits 4 Jesus |
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Hazelwood v. Kuhlmeier (1988) |
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the right of educators to censor school
sponsored publications |
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| Public schools |
| 1) school sponsored - as part of a class? |
| 2) student controlled - extracurricular, unsupervised, but on campus |
| 3) student controlled - extracurricular, unsupervised, and off campus |
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| What about colleges? |
| Public or private? |
| Student Press Law Center |
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| D. Time, place and manner restrictions |
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non-content based prior restraint |
| Criteria |
| 1. Content neutral - applies the same to all communication content |
| 2. not a complete ban - are there other ways to communicate? |
| 3. substantial interest to justify the rule - evidence, not supposition |
| 4. narrowly tailored - not overbroad or restricting speech more than is necessary |
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| E. Forum analysis |
| 1. traditional public forums - parks, street corners etc. |
| 2. designated public forums - meeting halls, community centers etc. |
| 3. Public property that is not a public forum - prisons, airports? |
| 4. Private property |
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