Statement from a Berkely Antifa FashBash participant

[Razer]

That's right. Schools have BROAD authority, and hate speech...
ESPECIALLY the sort that might lead to BULLYING, surely can be limited.


On 02/02/2017 04:32 PM, jim bell wrote:
> I will add:  
>  http://www.firstamendmentschools.org/freedoms/faq.aspx?id=12993 
>
> May schools limit the time, place, and manner of student expression?
> Yes, as long as the time, place, and manner regulations are reasonable
> and nondiscriminatory.
> The U.S. Supreme Court has said that "laws regulating the time, place
> or manner of speech stand on a different footing than laws prohibiting
> speech altogether."^1
> <http://www.firstamendmentschools.org/freedoms/faq.aspx?id=12993#foot1>First
> Amendment jurisprudence provides that time, place, and manner
> restrictions on speech are constitutional if (1) they are content
> neutral (i.e., they do not treat speech differently based on content);
> (2) they are narrowly tailored to serve a governmental interest; and
> (3) they leave open ample alternative means of expression.
> Courts will generally grant even more deference to time, place, and
> manner restrictions in public schools because students do not possess
> the same level of rights as adults in a public forum. However, the
> time, place, and manner regulations must still be reasonable. This
> means that school officials could limit student distribution of
> material to certain locations and at certain times, but those
> regulations would need to be both reasonable and nondiscriminatory.
> Notes
> ^1  /Linmark Associates, Inc. v. Township of Willingboro/, 431 U.S. 85
> (1977).
>
>
>

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