COURT CASES:
Tinker vs. DeMonies Tinker v. Des Moines is a historic Supreme Court ruling from 1969 that cemented students' rights to free speech in public schools. Mary Beth Tinker was a 13-year-old junior high school student in December 1965 when she and a group of students decided to wear black armbands to school to protest the war in Vietnam. Hazelwood vs. Kuhlmeier 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, 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, the Supreme Court overturned the circuit court's decision, determining that school administrators could exercise prior restraint of school-sponsored expression, such as curriculum-based student newspapers and assembly speeches, if the censorship is "reasonably related to legitimate pedagogical concerns." School-sponsored student newspapers will not be presumed to be operating as public forums for student expression absent evidence indicating otherwise. VOCABULARY:
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