Law and the First Amendment

Students at public high schools lose their right to free speech when:

• Their speech is critical of school policy
• Their speech causes a substantial disruption to the learning environment
• Their speech supports or opposes a political candidate
• Their speech expresses a religious message

Which of the following statements best describes the rights of students to speak on social media?

• Students can say whatever they want on social media, anytime, anywhere, and their schools cannot punish them
• Schools can only punish students for social media posts made during the school day
• Schools can punish students for speech on social media if it causes a substantial disruption to the learning environment, regardless of when and where students post it
• Schools can punish students for social media posts that are critical of school policy

When can the government censor news media in the United States?

• The government can never, ever censor news media, no matter what
• The government can only censor news media if it can prove that a story will seriously and irreparably harm people (e.g., directly lead to their death)
• The government can censor news media if its stories are too critical of the government
• The government can censor news media if it publishes false information

Why do we want the press to have strong freedoms to publish?

• The press acts as a “watchdog” against government
• The press gives us information to be engaged citizens in our democracy
• The press facilitates robust public debate on important issues
• All of these

Your principal censors your newspaper. Why are they allowed to do that?

• Student newspapers are not public forums
• Student newspapers are considered “school-sponsored” activities
• Student newspapers are part of the educational mission of the school
• All of these

Several states have passed laws regarding press freedom in public high schools. What do these laws do?

• Restrict principals’ ability to censor student newspapers
• Increase funding for high school journalism programs
• Strengthen principals’ ability to censor student newspapers
• Limit the number of times students can publish a newspaper in a school year

A student wears a shirt to school that reads “School Lunch Sucks!” Should she be punished?

• Yes; Schools can always punish students for speech that criticizes the school.
• Yes; The word “sucks” is patently offensive.
• No; Students can wear whatever they want to school without punishment
• No; The speech was not likely to substantially disrupt the learning environment

Hate groups, like the KKK, have a First Amendment right to hold rallies in public forums, like parks. Why?

• The only way for society to collectively decide what is true is to allow all kinds of speech to compete in a marketplace of ideas
• Public forums are open to anyone, no matter how hateful their views are
• Allowing such hate groups to speak in public means that authorities can monitor their activities
• All of these

A football player at your school is suspended for kneeling during the national anthem before a game. He is kicked off the team. Are his rights violated?

• No; The speech is anti-American
• No; Student athletics are extracurricular activities that have their own rules
• Yes; The speech is not disruptive to the learning environment
• Yes; Students can say whatever they want, whenever they want, at school without being punished

Instagram takes down your post, saying it violates community standards. Did Instagram (or its owner, Facebook) violate your rights?

• No; Only the government can violate your First Amendment rights
• No; Unlike adults, students do not have a First Amendment right to post things to Instagram
• Yes; Just like the government, Instagram cannot censor your speech
• Yes; Instagram's standards are arbitrary