An Analysis of the Applicability of the First Amendment Freedom of Speech Protection to Students in Public Schools

Brandon J. Hoover, Ohio Northern University

Abstract

An Analysis of the Applicability of First Amendment Freedom of Speech Protections to Students in Public High Schools discusses and critiques the basic framework of high school free speech cases handed down by the Supreme Court. Specifically, the paper discusses the decisions of Tinker v. Des Moines Independent School District , Bethel School District v. Fraser , Hazelwood School District v. Kuhlmeier , and Morse v. Frederick. After a discussion of the legal analysis presented in each of these cases, the paper analyzes the trend of the Court to narrow the applicability of Tinker, which in turn gives students less free speech protection while in school.

The paper next criticizes the limited applicability of free speech protections in high schools and emphasizes the legitimate need for free student expression so that students will become productive members of society. The paper specifically criticizes the Court’s narrow decision in Morse v. Frederick. And, the paper concludes with a proffered solution that the test provided in Tinker is the best mode of analysis for student free speech cases because Tinker offers students expansive constitutional rights while still giving schools the ability to maintain a positive learning environment.