Expression in Special Places

Schools, military bases, and prisons present special First Amendment problems.  The rights of student, military personnel, or inmates often conflict with the rights of others or interfere with the need to preserve order.  As a general rule, courts allow greater freedom of speech and assembly in public parks and on street corners than in schools, military bases and prisons.  In these places, you can usually exercises your rights, but only as long as the expression does not interfere with the purpose of the facility.

Tinker v Des Moines School District

The Supreme Court decided that the right to freedom of expression 'does not end at the schoolhouse door.'  However, the Court also held that the students' right to free speech could be restricted when the school could show that the students' conduct would materially and substantially disrupt the education process.

Hazelwood v. Kuhlmeier

The Court rules that school officials could have editorial control over a school sponsored newspaper.  The reasons given for the control are that:
1. schools should not have to permit student speech that is inconsistent with their basic educational mission
2. schools should be allowed to control expression that studentss, parents, and others in the community might reasonably believe the school has endorsed.
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