Question

Libby, a sophomore at a small rural high school, has dreams of becoming a journalist. However, her school lacks the funding for a school newspaper. Libby talks to her parents, her English teacher, and a few friends also interested in journalism, and then forms her own paper. Her parents agree to fund the printing costs of the paper, if Libby shows she is serious about the project. She and her friends work exceptionally hard and release the first issue, and everyone is impressed. It features articles about school athletes, academics, the arts programs, and an interview with Libby’s English teacher on the benefits of reading newspapers. Libby and her friends are then brought before the school board for releasing an unauthorized publication on school grounds. (Libby hadn’t known she needed permission to produce a newspaper.) Libby, her English teacher, and her parents argue that punishing the students involved violates their First Amendment rights. Discuss both Libby and the school board’s positions. Back up your positions with the cases outlined in this unit and with the Amendments mentioned.

Answer 1

Answer:

The School Board says Libby and her friends released an unauthorized publication on school grounds.  Their defense should be "the whole program (including content, publication, and location) was discussed with and approved by her teacher (her primary interface with the school hierarchy)"  If there is any fault to be found, it falls on  a) the Teacher's head since she didn't advise Libby to seek permission from any other members in the hierarchy, and/or b) the hierarchy itself for not conveying the need to seek permission for thios type of program.  I'm sure other "publications" (artwork, themes, book reports, biographies, and so on) can be shown to set precedent for publications on school grounds without formal permissions.

Re First Ammendment Rights:  The description of documents in the ammendment clearly parallels the content of the newspaper. Per referenced source":     Criticism of the government and advocacy of unpopular ideas that people may find distasteful or against public policy are almost always permitted. Within these limited areas, other limitations on free speech balance rights to free speech and other rights, such as rights for authors and inventors over their works and discoveries (copyright and patent), protection from imminent or potential violence against particular persons (restrictions on fighting words), or the use of untruths to harm others (slander). Distinctions are often made between speech and other acts which may have symbolic significance.

Despite the exceptions, the legal protections of the First Amendment are some of the broadest of any industrialized nation, and remain a critical, and occasionally controversial, component of American jurisprudence.

Explanation: