New Voices Emerge

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Impact of Hazelwood

School journalism is monitored by teachers, principals, and, at times, even the school board. The issue of First Amendment rights has evolved to apply to students representing the school in any circumstance, not just as journalists. Hazelwood v. Kuhlmeier established that students’ freedom of speech when representing a school is a privilege and no longer a comprehensive right.

Three women presenting at a conference.

Call to Action

  • As of 2023, seventeen state legislatures have passed “New Voices” laws to protect student press freedom in school-sponsored media.
  • California was the first state to pass such a law in 1977, prior to Hazelwood v. Kuhlmeier.
  • Schools and districts may designate student publications as public forums regardless of New Voices status in the state.

Interpreting the First Amendment

The previous standard established by Tinker v. Des Moines allowed censorship of student speech only if substantial disruption in school or invasion of rights could be shown.

The Hazelwood v. Kuhlmeier majority opinion clarified that the rights of students “must be ‘applied in light of the special characteristics of the school environment.'”

Applying Precedent

Mahanoy School District v. B.L. (2021)

In an 8-1 decision, the United States Supreme Court sided with B.L., a student. The Court held that a student’s suspension from the team due to a Snapchat post violated her First Amendment rights. This limited a school’s power over student speech off-campus.

Morse v. Frederick (2007)

Siding with the school administrators, the United States Supreme Court held that the First Amendment does not prevent school administrators from restricting student expression that is reasonably viewed as promoting the use of illegal drugs. This 5-4 decision further clarified when a school can restrict student speech.


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Students do not shed their First Amendment rights at the schoolhouse gates?

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