High School

Ms. Jones teaches a journalism class at Central High School, a public school. She supervises the production of both the school newspaper and the school yearbook. Some of the students want to include a gossip column feature in the newspaper and also a photo spread in the yearbook of all student parents, male and female, with their babies. Ms. Jones feels that the students are ignoring the fundamental principles of defamation, privacy, and audience-appropriateness that she has been teaching in the course. She rejected the students' ideas, and the students now want to go over her head. If the principal does not side with them, they, with the support of their parents, are prepared to take the matter to court on First Amendment grounds.

Are the students likely to succeed in their challenge to the teacher's decision if it goes to court?

a. Probably no, because students have no constitutional rights in the educational setting.

b. Probably yes, because students retain complete First Amendment rights even in the school setting.

c. Probably yes, because navigating a case through the court system is a good exercise in civics, and the students should be rewarded for their intellectual curiosity.

d. Probably no, because Ms. Jones can reject the students' proposed speech if that rejection is reasonably related to the legitimate pedagogical objectives of the journalism class.

Answer :

Probably no, because Ms. Jones can reject the students' proposed speech if that rejection is reasonably related to the legitimate pedagogical objectives of the journalism class.

In the given scenario, Ms. Jones supervises both the production of the school newspaper and the school yearbook, and some of the students want to include a gossip column feature in the newspaper and a photo spread in the yearbook of all student parents with their babies. However, Ms. Jones thinks that the students are ignoring the basic principles of defamation, privacy, and audience-appropriateness that she has been teaching in the course. As a result, she refused the students' ideas, and the students want to go over her head. If the principal does not support them, they, along with the support of their parents, are willing to take the matter to court on First Amendment grounds. Nevertheless, the students are not expected to succeed in their challenge to the teacher's decision if it goes to court. Ms. Jones can refuse the students' proposed speech if that rejection is reasonably related to the legitimate pedagogical objectives of the journalism class. The Supreme Court has determined that First Amendment rights may be regulated in the educational context, particularly in the case of elementary and secondary school students. It has also determined that "educators do not offend the First Amendment by exercising editorial control over the style and content of student speech in school-sponsored expressive activities as long as their actions are reasonably related to legitimate pedagogical objectives." (Hazelwood School District v. Kuhlmeier, 1988).

Hence, the most appropriate option is (d) Probably no, because Ms. Jones can reject the students' proposed speech if that rejection is reasonably related to the legitimate pedagogical objectives of the journalism class.

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