First Amendment rights

The Hazelwood vs. kuhlmeier case deals with the first Amendment rights of students to free expression. The controversy began in the Spring of 1983 when Robert E. Reynolds, the principal of Hazelwood East High School, refused to permit the publication of two articles in the Spectrum, a school newspaper. Principal Reynolds said he deleted the two articles dealing with divorce and teenage pregnancy because they described families and students in such a way that even though their names were going to tread on the rights of privacy of students and their parents.

” School Officials further said that the newspaper was an extension of classroom instruction and did not enjoy first Amendment protection. 8 A district court judge agreed with the school board’s lawyer who said that schools would be in trouble if people could change curriculum at the drop of a lawsuit. A court of appeals disagreed, however, and by a 2 n 1 decision overturned the judge’s decision saying the Hazelwood’s spectrum was, in fact, a public forum. ” When the case finally reached the Supreme Court on January 13,1988, the court ruled 5-3 that school officials have broad power

To censor school newspaper, plays and other “school sponsored expressive activities. In this unit, students will read about young people under the age of 18. In some ways, these young people are probably a lot like them and their friends. In other ways they may be quite different. For the people they are going to read about have been in trouble with the law. They are just a few of the thousands of young people whom state and local government call juvenile delinquents. Judge Maurice B. Cohill’s, Jr.

, a juvenile judge in Pittsburgh, described in a newspaper three cases he had decided. In the article, he argued that it was good that juvenile judges have a wide choice in the way they treat young offenders. After reading the following cases, see if you agree with judge Cohill’s decisions. 1). Beverly was in judge Cohill’s when she was 15. She repeatedly ran away from a home for emotionally distrubed children. There was no doubt that Beverly was emotionally disturbed. She was described as bitter and hostile, and she often banged her head against the wall.

The people who ran the home where she lived said they could not keep Beverly any longer. No one knew who her parents were because she had been left in a garbage can when she was an infant. She had already been in three foster homes and an orphanage. 2). Nancy, 13, was picked up for shoplifting in a department store. When police couldn’t locate her mother, she was sent to a detention home. There it was discovered that the only person she was close to was a 16-year-old boy with whom she was sexually involved (a juvenile offense in most states).

When Nancy’s mother came to her hearing, she sat in the back of the courtroom muttering dirty words. The judge thought the mother didn’t know where she was. 3). Ken, 14, took an old family car out for a ride without his parent’s permission. He had no driver’s license. He and a friend were riding along the highway when the car went out of control. It smashed head-on into another car, killing the other driver. Students will think about each case. What do they think should be done about Beverely, Nancy,and Ken?

They will discuss their opinions with other classmates. The Supreme Court said: 1). Juveniles must be warned that they do not have to testify against themselves or give a confession. 2). Like adults, they are entitled to a lawyer for any offense for which an adult could have one. If they can’t afford a lawyer, the court must furnish one. 3). Juveniles must be told what the charges are against them soon enough to prepare for their hearing. 4). They have a right to confront the witnesses against them and cross-examine them. Witnesses must be sworn in.