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School speech (First Amendment)
The issue of school speech or curricular speech as it relates to the First Amendment of the U.S. Constitution has been the center of controversy and litigation since the mid-20th century. The First Amendment's guarantee of freedom of speech applies to students in the public schools. In the landmark decision ''Tinker v. Des Moines Independent Community School District'', the U.S. Supreme Court formally recognized that students do not "shed their constitutional rights to freedom of speech or expression at the schoolhouse gate".〔''Tinker v. Des Moines Indep. Cmty. Sch. Dist.'', 393 U.S. at 506 .〕
The core principles of ''Tinker'' remain unaltered, but are tempered by several important decisions, including ''Bethel School District v. Fraser, Hazelwood School District v. Kuhlmeier'', and ''Morse v. Frederick''.〔 Despite respect for the legitimate educational interests of school officials, the Supreme Court has not abandoned Tinker; it continues to recognize the basis precept of ''Tinker'' that viewpoint-specific speech restrictions are an egregious violation of the First Amendment.〔 In ''Rosenberger v. Rector and Visitors of the University of Virginia'', the Supreme Court declared: "Discrimination against speech because of its message is presumed to be unconstitutional". ''Rosenberger'' held that denial of funds to a student organization on the sole basis that the funds were used to publish a religiously oriented student newspaper was an unconstitutional violation of the right of free speech guaranteed by the First Amendment. Accordingly, for other on-campus speech that is neither obscene, vulgar, lewd, indecent, or plainly offensive under ''Fraser'' nor school-sponsored under ''Hazelwood'' nor advocating illegal drugs at a school-sponsored event under ''Frederick'', Tinker applies limiting the authority of schools to regulate the speech, whether on or off-campus, unless it would materially and substantially disrupt classwork and discipline in the school.
==''Tinker v. Des Moines''==
(詳細はVietnam War.〔3-9 EDUCATION LAW § 9.04 (CHAPTER 9 Student Safety, Control and Discipline) -- Copyright 2008, Matthew Bender & Company, Inc., a member of the LexisNexis Group.〕
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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