Theses and Dissertations - UTB/UTPA

Date of Award

8-1972

Document Type

Thesis

Degree Name

Master of Education (MEd)

First Advisor

Dr. Barry B. Thompson

Second Advisor

Dr. Martha M. Kinard

Third Advisor

Dr. Nolan E. Wood, Jr.

Abstract

The investigator studied the application of the First Amendment of the United States Constitution to secondary school students' right to free expression. The investigator examined landmark cases such as Tinker v Des Moines Independent Community School District in order to depict the historical development of extending constitutional rights to secondary school students.

The study encompasses both landmark cases (those cases involving highly significant decisions that established a precedent) and relevant cases which led to the present judicial posture regarding secondary students' right to free expression. Findings of the case study reveal the present judiciary standard to rest on the application of the test of material and substantial disruption. Legal issues stemming from school board regulations concerning (1) hair, (2) protest, (3) student publications, (4) buttons and armbands, and (5) student conduct were examined in detail.

The investigator suggests guidelines for school board members and school administrators in meeting judicial restraints regarding students' right to the protection of the First Amendment of the United States Constitution. An exhaustive review of pertinent cases is utilized as a means to suggest alternative school board and administrative policies which would not violate the decisions of the judiciary.

The investigator compares the historical role of the secondary school as a protector of societal values to the individual's right to free expression and inquiry. Finally, the investigator develops an extensive bibliography of related cases and documents to provide a firm foundation for the school administration when formulating policies for the secondary schools of the United States.

Comments

Copyright 1972 Sharon Elain Wenzl Wright. All Rights Reserved.

Granting Institution

Pan American University

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