School Publication and the First Amendment

No, the fact did not violate their First Amendment Rights

Among the five rights enshrined in the First Amendment is that of free press (Alexander & Alexander, 2013). Absent any further analysis, the two editors may seem justified in making their claim. The fact, however, is that the First Amendment rights are not absolute. This is often illustrated by the statement attributed to Justice Holmes to the effect that people do not have a right to cause unnecessary alarm where that would create problems. Certain categories of speech and expressions are unprotected. Defamation is one of those unprotected expressions. Both the principal and District superintendent think that the confiscated publications are defamatory. This would seem to justify the actions of the superintendent and the principal.
There has also been recognition that school authorities may rightly control student expression. Thus in Moshe v. Frederick, there was nothing wrong with school authorities confiscating a banner that tended to promote drug use among students (Alexander & Alexander, 2013). The court took note of the fact that schools had special characteristics that necessitate such controls. It was also held in Scott v. School Board of Alachua Co. the courts will exercise restraint and only interfere with the administration of school in situations where such administration leads to a constitutional violation.

Lastly, it should be noted that the constitutional rules governing student publications are different from other newspapers (Alexander & Alexander, 2013). This was indeed the decision in Kuhlmeier case in which a valid educational purpose was held out as a ground for restraining student publications. The school authorities in the case under analysis can actually argue that they had a valid educational purpose in preventing the publication of potentially defamatory material. Besides, the school authorities should have more control over school sponsored publications.

Reference

Alexander, K., &Alexander, D. (2013).American Public School Law, 8th Ed.Belmon, CA:           Wadsworth, Cengage Learning.
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