Eighth Circuit Sides With Students
The Decision
In 1986, the Eighth Circuit Court of Appeals – sitting in St. Louis – reversed the district court and found that Spectrum was a public forum, meaning that:
- The censorship was not justified; the district court’s reasoning was invalid.
- Schools may censor school newspapers only in the case of extreme circumstances.
The school district then petitioned the Supreme Court of the United States for certiorari.
Eighth Circuit Judges, 1986, Eighth Circuit Court Archives
“We hold that Spectrum is a public forum for the expression of student opinion…Accordingly, we hold that the deletion of the two pages violated the First Amendment rights of the student staff.” -Judge Gerald W. Heaney, Majority Opinion, Kuhlmeier v. Hazelwood (8th Cir. 1986)
Judge Gerald W. Heaney
Eighth Circuit Court Archives
Click here for the full interview!
Statement of Policy, Spectrum, September 14, 1982,
Hazelwood East High School Library Archives
The Majority Rationale
The Eighth Circuit rejected the school’s justification for censorship – class disruption, lack of time, and privacy violations – and thus ruled in favor of the students, whose actions passed the Tinker disruption test. Tinker v. Des Moines had been previously mentioned in Spectrum’s policy.
Judge Roger L. Wollman
Eighth Circuit Court Archives
Resounding Resistance
Judge Wollman issued a dissent expressing his opinion that the district court’s ruling should stand. He feared that the case might create an environment in which students and school officials battled over control. He wanted to grant Hazelwood School District deference to make its own decisions. The majority’s ruling left the Supreme Court of the United States as the only avenue of appeal for the school.
Leanne Tippett, Leslie Smart, Cathy Kuhlmeier, unknown publication, early 1980s, Personal Collection of Cathy Kuhlmeier
Click here for the full interview!