Free Speech and Censorship

Free Speech and Censorship
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INTRODUCTION
From the First Amendment students are given an opportunity to explore the conflict between government’s exercise of power and individuals’ rights, the courts as well recognize students’ rights guaranteed by the Amendment. Courts have balanced the First Amendments rights and the need of schools to educate without disruption caused by free speech and expression as the exercise of those rights could interfere with education. Most school administrators suggest that schools should enhance tolerance and free speech because the exchange of thoughts and ideas is very important in a learning environment.
FREE SCHOOL IN HIGH SCHOOL
The first Amendment guarantees rights to free speech and expression for students of all ages. The U.S. Supreme Court’s 1988 decision that allowed school officials to regulate the content of school-sponsored student speech. Recent cases use Hazelwood’s reasonableness standard to uphold censorship of student speech in secondary and elementary school. Traditionally all students enjoyed significant speech rights, expressing their views freely under the First Amendment. High schools students’ rights are limited during the Hazelwood School District v. Kuhlmeier high school unlike colleges could restrict style and content of school-sponsored student speech. The school is seen to endorse decisions regarding the content of school-sponsored speech, thus the Court Gave substantial deference to school officials.
Hazelwood case is used by federal courts to uphold acts of censorship at the elementary and secondary schools levels. However, the Courts have disagreed on the appropriate standard of violations of college students’ free speech rights. The U.S. Supreme Court had refrained from using Hazelwood case to give college administrators the same level of deference as high school principals.
FREE SPEECH IN COLLEGES
In Kincaid v. Gibson, the U.S. Court of Appeal held that university’s actions should be reviewed with greater scrutiny than Hazelwood’s reasonableness test. This decision raised the issue of what standards a court was to apply while reviewing censorship in the university context. Since high school and collage environment are different, Hazelwood’s reasonableness test does not give sufficient consideration to college and university student’s speech rights.
The U.S. Supreme Court did not decide whether the Hazelwood v. Kuhlmeier standard should be applied at the university or collage level, but there are predictions that the court would not extend its reasoning to the university or college context. College students enjoy the First Amendment protections, which are similar to those of the public unlike the high school students whom freedom of speech is a bit censored.
It is important for the courts to consider the purpose and natu...