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Hazelwood School District v. Kuhlmeier (doc. #: 86-836) (1988)  [Findlaw]

Secondary Link Hazelwood School District v. Kuhlmeier  [Legal Information Institute]
Argument Date 10/13/1987
Decided 1/13/1988
Supreme Court Vote 6-3
Note Note that Stevens, J., joined the majority here though he dissented earlier in Bethel School Dist. No. 403 v. Fraser (1986) and later in Morse v. Frederick (2007)
Supreme Court Ruling First Amendment claim denied.
IssueTo what extent, consistent with the First Amendment, may educators exercise editorial control over the contents of a high school newspaper produced as part of the school’s journalism curriculum?
Case Summary & Additional Resources
Majority Opinion White, J.
Dissenting Opinion Brennan, J. (joined by Marshall, J., & Blackmun, J.)
Lower Court 8th Circuit
Lower Court Ruling First Amendment claim denied.
Oral Arguments Oral Arguments  [Oyez]
-- edited transcript in Irons, Peter, editor, COURTS, KIDS, AND THE CONSTITUTION (2000), pp. 235-244
For Petitioner
Robert P. Baine, Jr.,

For Respondent
Leslie D. Edwards

For Amicus
Eve W. Paul, Planned Parenthood Federation of America, et al

Frank A. Howard, Jr. & Johnny Brown, School Board of Dade County, Florida

Gwendolyn H. Gregory, et al, National School Boards Association, et al

J. Marc Abrams, Student Press Law Center

Janet L. Benshoof, et al, for ACLU

Martha L. Minow, et al, NOW Legal Defense & Education Fund

Marvin E. Frankel, People for the American Way

Richard Schmidt, Jr., for American Society of Newspaper Editors, et al

News Stories & Commentary
AP, "Sex article gets high school newspaper pulled" (2-23-05)

Editorial, "First Amendment Lessons," New York Times, January 15, 1988, sect. A, p. 30
Goodman, Ellen, "Law & Order Education," Washington Post, January 19, 1988, sect. A, p. 15 (column)
Hechinger, Fred, "High Court Gives A Civics Lesson," New York Times, January 17, 1988, sect. E, p.6
Hentoff, Nat, "A Ruling for Censorship," Washington Post, January 23, 1988, sect. A, p. 27 (column)
Jones, Alex S., "School Officials Acclaim Decision as Appropriate Strengthening of Authority; Students and journalists see a violation of free speech," New York Times, January 14, 1988, sect. A, p. 26
Kilpatrick, James J. , A Ruling for Responsible Journalism," Washington Post, January 23, 1988, sect. A, p. 27 (column)
Levy, Claudia, "Views Diverse on Censorship Ruling; Some Area Teachers, Editors Fear Restraints on Student Papers," Washington Post, January 15, 1988, sect. A, p. 4
Mann, Judy, "Principal as Publisher," Washington Post, January 15, 1988, sect. C, p.3 (column)
Taylor, Jr., Stuart, "Free Speech Curbed," New York Times, January 14, 1988, sect. A, p. 21
Wicker, Tom, "The Wrong Lesson," new York Times, January 18, 1988, sect. A, p. 19
Yardley, Jonathan, "High School Sense and Censorship," Washington Post, January 18, 1988, sect. C, p. 2
Opinion - Lower Court
Kuhlmeier v. Hazelwood School District, 578 F. Supp. 1286 (1984)
Kuhlmeier v. Hazelwood School District, 607 F. Supp. 1450 (1985)
Kuhlmeier v. Hazelwood School District, 795 F. Supp. 1368 (1986)
Kuhlmeier v. Hazelwood School District, 795 F.2d 1368((8th Cir., 1986))
Hudson, David, "Hazelwood still extends far beyond student press"

"New book examines student rights" (3-30-04)

Abrams, J.M., & Goodman, M., "Comment: "The End of an Era? The Decline of Student Press Rights in the Wake of Hazelwood School Dist., v. Kuhlmeier," 1988 Duke Law Journal 706
Andrew H. Utterback, "Hazelwood School Dist. V. Kuhlmeier," in FREE SPEECH ON TRIAL (2003), Richard A. Parker, ed., pp. 250-263

Barron, Jerome, & Dienes, C. Thomas, FIRST AMENDMENT LAW (2000), pp. 323-328
Bryks, H., Comment, "A Lesson in School Censorship," 55 Brooklyn Law Review 291 (1989)
Chemerinsky, Erwin, "Students Do Leave Their First Amendment Rights at the Schoolhouse Gates: What's Left of Tinker?," 48 Drake L. Rev. 527 (2000)
Chemerinsky, Erwin, CONSTITUTIONAL LAW: PRINCIPLES & POLICIES (3rd ed., 2006), sect. 11.4.4
David Hudson, "Student Online Expression: What Do the Internet and MySpace Mean for Students' First Amendment Rights?" (Dec. 2006)

Diamond, "The First Amendment & Public Schools: The Case Against Judicial Intervention," 59 Texas Law Review 477 (1981)
Dienes, Thomas & Connolly, Annemargaret, "When Students Speak: Judicial Review in the Academic Marketplace," 7 Yale J. L. & Policy Rev. 343 (1989)
Farber, Daniel, A., THE FIRST AMENDMENT (2nd ed., 2003), pp. 195-96
Farish, Leah, TINKER v. DES MOINES: STUDENT PROTEST (1997), pp. 93-96
First Amendment Center, "Student Expression: Cases & Resources"

Hafen, B.B., & Hafen, J.O., Symposium: "Twenty-Five years After Tinker: Balancing Students' Rights," 69 St. John's law Review 379 (1995)
Hafen, B.C., Comment: "Hazelwood School Dist. & The Role of First Amendment Institutions," 1988 Duke Law Journal 685
Hosty v. Carter (7th Cir. 2005) (applying Hazelwood to college papers)

Hudson, David, "How much will Hosty ruling affect campus expression?" (analysis) (6-30-05)

Hudson, David, "Student Expression in the Age of Columbine" (FAC First Report, Oct. 2005)

Hudson, Jr., David, Overview, "Free Speech on Public College Campuses"

Hudson, Jr., David, Overview, "K-12 public school student expression"

Minow, Martha, & Spellman, "Passion for Justice," 10 Cardozo Law Review 37 (1988)
Salomone, R.C., "Free Speech & School Goverance in the Wake of Hazelwood," 26 Georgia Law Review 253 (1992)
Student Press law Center, "Hazelwood School District v. Kuhlmeier: A Complete Guide to the Supreme Court Decision" (1992)

Wright," The Constitution on Campus," 22 Vanderbilt Law Review 1027 (1969)
Hudson, David, "Free Speech on Public College Campuses" (03/27/06)

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