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Desilets v. Clearview Regional Board of Education : ウィキペディア英語版
Desilets v. Clearview Regional Board of Education

''Desilets v. Clearview Regional Board of Education'', 137 N.J. 585 (1994) was a New Jersey Supreme Court decision that held that public school curricular student newspapers that have not been established as forums for student expression are subject to a lower level of First Amendment protection than independent student expression or newspapers established (by policy or practice) as forums for student expression.
== Background ==
The Clearview Regional High School District had an extracurricular club that produced the ''Pioneer Press'' student newspaper. Brien Desilents, a student member of the club, submitted movie reviews for ''Mississippi Burning'' and ''Rain Man'' but the school principal blocked them from being printed, not because the reviews themselves were problematic, but because the underlying movies were R-rated. The student's mother then filed suit in state court claiming violations of both the federal and state constitution. The New Jersey Supreme Court did find that the school paper was not a public forum. However, because they held that the school did not have a consistent policy related to "pedagogical concerns" they felt that in this circumstance censorship was not warranted. The Student Press Law Center explains it best. "in Desilets v. Clearview Regional Board of Education the New Jersey Supreme Court rejected school officials’ justifications
for censoring reviews of R-rated
movies from a student newspaper under the Hazelwood standard as “equivocal and inconsistent.”34 The court noted that there was nothing offensive in the reviews, that R-rated movies were discussed in class by teachers, that such reviews were available in the school
library and that the student newspaper had,
in fact, reviewed such movies in the past." Also another source states, " HELD: The judgment of the Appellate Division is affirmed, substantially for the reasons expressed in the majority opinion below. The Court also determines that the school, as a non-public forum, failed to prove that it had established a policy related to legitimate pedagogical concerns."

抄文引用元・出典: フリー百科事典『 ウィキペディア(Wikipedia)
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