Question
At a voluntary school assembly, a public high school student delivered a speech nominating a candidate for student government office. The student was a high
At a voluntary school assembly, a public high school student delivered a speech nominating a candidate for student government office. The student was a high academic achiever, and was one of two students being considered as a graduation speaker. The school-sponsored activity was attended during the school day by approximately 600 students, most of whom were between 14 and 17 year-olds. The student used a graphic, sexual metaphor throughout the speech. The speech began, "I know a man who is firm he's firm in his pants, he's firm in his shirt, his character is firm but most ... of all, his belief in you, the students of Bethel, is firm." The entire speech continued with this metaphor. Prior to the assembly, two teachers had advised the student not to give the speech because it was inappropriate and would be disruptive. The next day the assistant principal called the student to his office and notified him that his speech was in violation of the school policy and rules. He was given an opportunity to explain his conduct. After admitting he knew he was using explicit sexual innuendo, the student was suspended and his name was removed from the list of potential graduation speakers.
- Did the school have the right to regulate his speech?
- Is this speech protected?
- If you feel the school district has the right to regulate the student's speech explain why. What harm might occur as a result of the speech?
- If you feel the speech was protected under the first amendment, explain why.
- Finally, would your answer change if it were an off campus voluntary event for high school students that was funded by the County Chamber of Commerce?
You must explain the LEGAL BASIS on which you rely.
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