MODULE 6 || §4.1 FREEDOM OF SPEECH AND EXPRESSION (pg 137-138) Flashcards Preview

EDU 210-O1 NEVADA SCHOOL LAW > MODULE 6 || §4.1 FREEDOM OF SPEECH AND EXPRESSION (pg 137-138) > Flashcards

Flashcards in MODULE 6 || §4.1 FREEDOM OF SPEECH AND EXPRESSION (pg 137-138) Deck (2)
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1

INTRODUCTION

Freedom of speech and expression are guaranteed by the 1st Amendment of the United States Constitution.

The Constitution allows us the basic and essential freedom to express one's self without fear of reprisal by the government, federal or state.

Yet this freedom is not limited, and within certain bounds government can exercise restraint of speech.

Courts assume that school rules and regulations that affect speech are valid unless there is a clear abuse of power and discretion on the part of the school.

2

A RULE OR REGULATION MAY BE CHALLENGED ON SEVERAL GROUNDS, THE MOST COMMON ARE THAT IT IS:

1.) ultra vires, beyond the board's legal authority
2.) vague or overly broad
3.) violative of one of several constitutional prohibitions such as freedom of expression, religion, privacy, due process, or equal protection

The last two wherein constitutional challenges to school authority are usually couched.