Monday, June 23, 2014

Tinker, Hazelwood, etc

I'm embarrassed to say, I never really knew the specifics of Tinker or Hazelwood.

Tinker V. Des Moines Independent Community School District:
Mary Beth Tinker wore a black arm band as an anti-war protest. She was called to the office and asked about it. The principal had heard that they were planning protest and preemptively banned black arm bands. First two court cases were lost.
The Supreme Court said, " Neither students nor teachers shed their constitutional rights to freedom of expression or speech at the schoolhouse gate." Speech that is not protected: speech that invades the rights of others and speech that creates a material and substantial disruption of normal school activities.

I don't advise the newspaper, and we don't really run into this in yearbook. I'm pretty sure the principal at my school doesn't interfere with the school paper. I plan to talk to my colleague about this.

Hazelwood, I remember, vaguely. My journalism teacher in high school talked about it as it was happening. I think the final judgement was handed down after I graduated.

Under Tinker, it's a clear-cut case. Appellate court found that, but school took it to the Supreme Court. Supreme Court ruled against Hazelwood paper because it was school-sponsored. There was no educational necessity for the story.

What does the Hazelwood standard mean?

School officials would have to show that the material is:
poorly written
biased
unsuitable for immature audiences
ungrammatical
not neutral politically
inconsistent with the shared values of an ordered society <<< SCARY

Does not apply to "public forum" student media or unlimited license to censor.

Dean V. Unitca
Arrow = Limited Public Forum
Censorship was unreasonable under Hazelwood.

"INDEFENSIBLE"

Kelly Gastman


2 comments:

  1. Kelly -- thanks for your comments. I too will admit I knew very little about Tinker and Hazlewood other than one was good and one is bad. Terrible. This morning's presentation was an incredible help. I'm also grateful for the textbook provided. So useful!
    Corie Shields
    Classical Academy High School
    Escondido, California

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  2. I thought that was such a vidal session to see. The information on the laws out there are pretty complicated. I was thrilled to learn that I can get free legal help from them. I learned so much about the laws from just those two cases that I am going to do a lesson on them for my students.

    Kathryn Wilkins
    Kearns High School

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