Hazelwood+School+District

Tommy O'Brien //Hazelwood School District v. Kuhlmeier// (1987)


 * Background**

In May 1983, the principal of Hazelwood East High School censored stories in the school newspaper, //Spectrum//, about divorce and teenage pregnancy. The principal thought that the stories were inappropriate for a high school audience. Student editors of //Spectrum// believed that the censorship was unconstitutional, so they filed a lawsuit.


 * Constitutional Question**

Did the censorship of the stories violate the students’ First Amendment right to freedom of the press?


 * Decision**

The court found that the censorship was not unconstitutional because //Spectrum// was not considered a public forum “by policy or practice.” The newspaper, by practice, let the advisor make final decisions regarding publication and it submitted copies of the paper to the principal for prior-review of each issue. The court said that, because //Spectrum// was not a public forum, school officials could censor it if the censorship was “reasonably related to legitimate pedagogical concerns.” When there is “no valid educational purpose” for the censorship, it is prohibited. In the case of the censored stories, because the principal thought that students’ discussion of sexual history was not appropriate for an audience with students as young as 14, the censorship was upheld by the court.


 * Impact**

The court’s ruling in //Hazelwood// limited the First Amendment rights of public school students through school-sponsored newspapers, theatrical productions, art shows, etc. that are not considered public forums of expression. Censorship of such expression is allowed if there are “legitimate pedagogical concerns.” School-sponsored activities that are “by policy or practice,” considered public forums possess more freedom because they have the rights dictated in //Tinker v. Des Moines Independent Community School District//.

Elizabeth Zaghi Hazelwood School District v. Kuhlmeier (1987)

**Background:** The advisor of Hazelwood East High School's newspaper gave the principal, Robert Reynolds, prior review. In other words, before each issue was released, Reynolds proofread it. One issue contained stories about teen pregnancy and divorce. Reynolds decided to cut these stories for a few reasons including the fact that he believed that the students' identities were not properly hidden. The newspaper filed a law suit, because they believed the censorship was unconstitutional.

**Question:** Was the principal violating the students' constitutional rights by cutting the stories?

**Decision:** The court ruled in favor of the school district. The newspaper, as ruled by the court, was given a lower level of free speech, because it was not established as a forum of expression. This case sent a precedent that schools can censor school newspapers as long as they are not forums of expression. They cannot censor because of personal opinion, however.