TinkerBell4
Junior Member
What is the name of your state (only U.S. law)? Michigan.
We all know the Hazelwood standard concerning school-sponsored speech and what "reasonable could be perceived as bearing the imprimatur of the school".
But what exactly are example of school-sponsored speech. How far does it go?
I understand school-newspapers, plays, and assemblies where students speak all may reasonably be perceived as school-sponsored speech. Every case I have researched on Westlaw/Lexis involves a student speech occurring on school ground, during school hours, or through a school medium such as a newspaper. But how far else does it go? Are there any other cases that have extended the Hazelwood standard further? If so, how far?
For example: A high school student-council representative wears an anti-war patch affixed to his student council t-shirt at the school's career fair. The career fair takes place off-campus at a local community college and after school hours. The student is required as a student council member to check IDs at the career fair for the first 30 minutes of the fair. For the remaining 4 hours of the fair the student passively displays his anti-war message by standing near the ROTC table.
Is the Hazelwood standard appropriate with this being considered school-sponsored speech since the student is wearing a student council t-shirt and in a sense is representing the school as he checks IDs at the fair entrance, or.....
Is the Tinker standard appropriate based on his passive anti-war message.
What I would really like help with and what I have posted in hopes of finding is some specific cases that can help me resolve this fact pattern. I am trying to find cases where the court decided it could not apply the Hazelwood standard.
Any help is welcomed...
We all know the Hazelwood standard concerning school-sponsored speech and what "reasonable could be perceived as bearing the imprimatur of the school".
But what exactly are example of school-sponsored speech. How far does it go?
I understand school-newspapers, plays, and assemblies where students speak all may reasonably be perceived as school-sponsored speech. Every case I have researched on Westlaw/Lexis involves a student speech occurring on school ground, during school hours, or through a school medium such as a newspaper. But how far else does it go? Are there any other cases that have extended the Hazelwood standard further? If so, how far?
For example: A high school student-council representative wears an anti-war patch affixed to his student council t-shirt at the school's career fair. The career fair takes place off-campus at a local community college and after school hours. The student is required as a student council member to check IDs at the career fair for the first 30 minutes of the fair. For the remaining 4 hours of the fair the student passively displays his anti-war message by standing near the ROTC table.
Is the Hazelwood standard appropriate with this being considered school-sponsored speech since the student is wearing a student council t-shirt and in a sense is representing the school as he checks IDs at the fair entrance, or.....
Is the Tinker standard appropriate based on his passive anti-war message.
What I would really like help with and what I have posted in hopes of finding is some specific cases that can help me resolve this fact pattern. I am trying to find cases where the court decided it could not apply the Hazelwood standard.
Any help is welcomed...
