Freedom Of Speech Case Study
Introduction
In higher education, public universities/colleges in the United States of America must respect students’ civil rights. These rights are stated under the United States Constitution, one entitlement is the First Amendment. The First Amendment protects the freedom of speech. Every student in an institution has the right to the freedom of speech. One free speech topic is the freedom in student press/ publication. Freedom in student press/publication is a speech is protected under the First Amendment. The student has the right to his or her own opinion. When these rights are violated, the student can file suit against the college and/or university.
Criteria for Protected and Unprotected Speech
Some cases regarding freedom of press has …show more content…
One case is Papish v. Board of Curators of the University of Missouri (1973), 410 U.S. 667. In this case Barbara Papish, a 32-year-old graduate journalism student at the University of Missouri, was expelled for distributing in the heart of a campus newspaper containing assuredly indecent speech. (Senat, 2013) The newspaper cartoon Papish published did not state any violence nor had true threats. University of Missouri did not have the right to expel Papish based on the fact the cartoon had offensive language. The courts filed in the favor of Papish. Papish case used reference from Healy v. James, in which the Court had alleged that even though a state university could enforce reasonable rules governing student conduct, "state colleges and universities are not enclaves immune from the sweep of the First Amendment (Senat, 2013)." Papish cartoon was protected because it did not promote threats nor …show more content…
SCMB wanted to publish an article in the university’s paper the Innovator; the newspaper is supported by student fees. The Dean of Student Affairs, Patricia Carter, has to review stories before they are printed for the newspaper. At this time Hosty’s article was requested to be redone and asked to change the wording. Hosty article was never denied, she was asked to revise the article, and filed a suit stating SCMB’s First Amendment rights were violated when Mrs. Carter requested for the article to be revised. Mrs. Carter claimed that school newspapers were not a "forum for public expression," and authorized the prior restraint exercised by the administrator "so long as [his] actions [were] reasonably related to legitimate pedagogical concerns (Healy,
In higher education, public universities/colleges in the United States of America must respect students’ civil rights. These rights are stated under the United States Constitution, one entitlement is the First Amendment. The First Amendment protects the freedom of speech. Every student in an institution has the right to the freedom of speech. One free speech topic is the freedom in student press/ publication. Freedom in student press/publication is a speech is protected under the First Amendment. The student has the right to his or her own opinion. When these rights are violated, the student can file suit against the college and/or university.
Criteria for Protected and Unprotected Speech
Some cases regarding freedom of press has …show more content…
One case is Papish v. Board of Curators of the University of Missouri (1973), 410 U.S. 667. In this case Barbara Papish, a 32-year-old graduate journalism student at the University of Missouri, was expelled for distributing in the heart of a campus newspaper containing assuredly indecent speech. (Senat, 2013) The newspaper cartoon Papish published did not state any violence nor had true threats. University of Missouri did not have the right to expel Papish based on the fact the cartoon had offensive language. The courts filed in the favor of Papish. Papish case used reference from Healy v. James, in which the Court had alleged that even though a state university could enforce reasonable rules governing student conduct, "state colleges and universities are not enclaves immune from the sweep of the First Amendment (Senat, 2013)." Papish cartoon was protected because it did not promote threats nor …show more content…
SCMB wanted to publish an article in the university’s paper the Innovator; the newspaper is supported by student fees. The Dean of Student Affairs, Patricia Carter, has to review stories before they are printed for the newspaper. At this time Hosty’s article was requested to be redone and asked to change the wording. Hosty article was never denied, she was asked to revise the article, and filed a suit stating SCMB’s First Amendment rights were violated when Mrs. Carter requested for the article to be revised. Mrs. Carter claimed that school newspapers were not a "forum for public expression," and authorized the prior restraint exercised by the administrator "so long as [his] actions [were] reasonably related to legitimate pedagogical concerns (Healy,