Do Minors Have First Amendment Rights in Schools?

Fuente: ERIC Institute of Education Sciences
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Bibliographische Detailangaben
1. Verfasser: Chmara, Theresa
Format: Recurso educativo Open Access
Sprache:en
Veröffentlicht: 2015
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author Chmara, Theresa
author_facet Chmara, Theresa
Chmara, Theresa
collection Education Resources Information Center
contents Do Minors Have First Amendment Rights in Schools? Chmara, Theresa Constitutional Law Religion Freedom of Speech Court Litigation School Libraries Adolescents Internet Courts have held that minors have First Amendment rights and that those rights include the right to receive information. However, how does that apply in the school setting? The First Amendment prohibits governmental entities from unconstitutionally infringing rights of free speech. Students in public schools, therefore, do have rights under the First Amendment. The author, in introducing this article adds the disclaimer that the article is not a "legal opinion," but rather presents examples where the rights of children in the school setting were challenged with regard to "expressing their right to free speech, removal of inappropriate reading materials from school libraries, or internet access to sites that could prove harmful to minors." The author concludes that public school officials must be cognizant of the First Amendment rights of minors when these officials make decisions about library resources, the curriculum, and policies related to extracurricular activities. Decisions to restrict access to materials that are based on the officials' disagreement with the views expressed in the material, rather than on their educational suitability, could subject the school district to litigation and substantial costs.
format Recurso educativo Open Access
id eric_EJ1074031
institution ERIC Institute of Education Sciences
language en
publishDate 2015
record_format eric
spellingShingle Do Minors Have First Amendment Rights in Schools?
Chmara, Theresa
Constitutional Law
Religion
Freedom of Speech
Court Litigation
School Libraries
Adolescents
Internet
Do Minors Have First Amendment Rights in Schools? Chmara, Theresa Constitutional Law Religion Freedom of Speech Court Litigation School Libraries Adolescents Internet Courts have held that minors have First Amendment rights and that those rights include the right to receive information. However, how does that apply in the school setting? The First Amendment prohibits governmental entities from unconstitutionally infringing rights of free speech. Students in public schools, therefore, do have rights under the First Amendment. The author, in introducing this article adds the disclaimer that the article is not a "legal opinion," but rather presents examples where the rights of children in the school setting were challenged with regard to "expressing their right to free speech, removal of inappropriate reading materials from school libraries, or internet access to sites that could prove harmful to minors." The author concludes that public school officials must be cognizant of the First Amendment rights of minors when these officials make decisions about library resources, the curriculum, and policies related to extracurricular activities. Decisions to restrict access to materials that are based on the officials' disagreement with the views expressed in the material, rather than on their educational suitability, could subject the school district to litigation and substantial costs.
title Do Minors Have First Amendment Rights in Schools?
topic Constitutional Law
Religion
Freedom of Speech
Court Litigation
School Libraries
Adolescents
Internet
url https://eric.ed.gov/?id=EJ1074031