No, they can't. And don't call me Shirley!!! <vbg>
Jim Bell
From: Razer <g...@riseup.net>
To: cypherpunks@lists.cpunks.org
Sent: Thursday, February 2, 2017 4:44 PM
Subject: Re: Statement from a Berkely Antifa FashBash participant
That's right. Schools have BROAD authority, and hate speech... ESPECIALLY the
sort that might lead to BULLYING, surely can be limited.
On 02/02/2017 04:32 PM, jim bell wrote:
I will add:
http://www.firstamendmentschools.org/freedoms/faq.aspx?id=12993
May schools limit the time, place, and manner of student expression? Yes, as
long as the time, place, and manner regulations are reasonable and
nondiscriminatory. The U.S. Supreme Court has said that "laws regulating the
time, place or manner of speech stand on a different footing than laws
prohibiting speech altogether."1First Amendment jurisprudence provides that
time, place, and manner restrictions on speech are constitutional if (1) they
are content neutral (i.e., they do not treat speech differently based on
content); (2) they are narrowly tailored to serve a governmental interest; and
(3) they leave open ample alternative means of expression. Courts will
generally grant even more deference to time, place, and manner restrictions in
public schools because students do not possess the same level of rights as
adults in a public forum. However, the time, place, and manner regulations must
still be reasonable. This means that school officials could limit student
distribution of material to certain locations and at certain times, but those
regulations would need to be both reasonable and nondiscriminatory. Notes 1
Linmark Associates, Inc. v. Township of Willingboro, 431 U.S. 85 (1977).
