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Miller V State Of California Law Brief

Essay, Research Paper


The articles that were written in the high school newspaper,


Spectrum , were blatant stories of misconduct amongst the


students. When a student walks on the school ground their parents


place the responsibility of what they see and hear in the hands


of the principal. In this case, Hazelwood School District v.


Kuhlmeier what the students wrote in his newspaper was what he


thought was inappropriate for the eyes of his students. The


principal did the right thing because he is liable for what is


written within his school.


In the case Miller v. the State of California the court


states states have the a legitimate interest in prohibiting


dissemination or exhibition of obscene material. However, this


holds true only when there is a significant danger of offending


the sensibilities of unwilling recipients or exposure to


juveniles . Which without a doubt relates to these students


because they are juveniles. Therefore stories about sex , birth


control and divorce would be considered obscene to the majority


of the student body. As well as being obscene, the stories taken


from the newspaper would have caused a disruption in the


educational process and presented a discipline problem


especially amongst the younger students. The case of Tinker v Des


Moines School District, showed an example where the school banned


students from wearing black arm bands protesting the Vietnam


war. The course decision says that the district court dismisses


the case on the grounds that the school board had

acted


constitutional and reasonably in an attempt to maintain


discipline and avoid disruption in the educational process. In


Tinker v Des Moines School District they limited the students


speech because of the affects it would have on the student body.


Such as in Hazelwood School District v. Kuhlmeier the principal


excluded the two pages of the school newspaper because of the


affect it would have on the student body, because the younger


students would disrupt class and make jokes about the girl who


wrote the stories on sex and birth control. Even though you don t


always like what you here or don t agree free speech is the most


important constitutional right we have as American citizens. That


brings me back to my question, should freedom of speech be


limited at school ? The answer to that question would be yes. My


answer is supported by Bethel School District no 403 v Fraser


schools must have the authority to guide young people into


healthy and acceptable social forms of expression, speech is


limited even for adults, and no one can claim that high school


students are adults. The principal of this Missouri high school


knew what would come of these articles especially the reaction he


would receive from the parents of his students. After all he is


responsible the actions of these students from seven in the


morning until they leave the school to go home.


In conclusion, the principal had the very right to exclude


the stories from his newspaper, in order to avoid the trouble


that would have followed.

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