Hazelwood v. Kuhlmeier

Ms. Stern

Bronx School of Law and Finance

englishforlawandfinance@yahoo.com

 

Do Now:  Answer these two questions in sentence form.  Should a principal be allowed to censor (take out items from) a school newspaper?  Why or Why not?

 

Be sure to save your answer in your notebook.  Let’s see if, after completing this project, your opinion changes or remains the same.

 

 

Introduction:

 

You are members of the editorial board of the Bronx School of Law and Finance school paper which is produced in an afterschool program paid for by the school.  Your best reporter has written an article about teens and drug use.  In it, she interviewed drug sellers and drug users who are also students at the school.  Some of the students interviewed talked about what drugs they used and why they liked using them, although none of their names were mentioned.  The article also discussed the harmful effects of drug use. 

 

Your advisor reviews the paper and okays the article.  Your advisor then shows the article to the school’s principal who says she will not allow the newspaper to be sent out for publication until the article is removed.  You believe the principal is violating your free speech.  You assigned a reporter to that topic because you felt, as a board, that it was important to explore why students use drugs and inform them of the harm they do.  When you protest, the principal expresses concern that the article will encourage students to use drugs because some of the interviewees say how much they like them.  The principal also worries that the article will make the school look bad.  She doesn’t want parents learning that students at your school use drugs.  When you try to enter into a discussion with her, she gets annoyed and says, “Hold-up guys.  Hazelwood v. Kuhlmeier.  Look it up and if you still don’t think I’m in the right, we’ll talk.” 

 

As the editorial board, you feel that this is an issue you must address.  What if you give in to the principal and scrap this article and she then starts taking articles out of future issues?  Also, is it fair to censor an article that a reporter spent so much effort writing?  You decide to review the case that your principal spoke about, rightly assuming that it deals with the same issue you’re tackling.  Rather than corner the principal in the hall, you decide the most professional approach would be to invite her to a presentation of your viewpoint. 

 

Review the Hazelwood v. Kuhlmeier case and decide whether you will take a stand for free speech against your principal in defense of student newspapers everywhere or whether you will stand proud alongside your principal in defense of her right to have the final say in what appears in your school newspaper!

 

 

Task:

 

Using CompuLegal and the websites listed below, you will create a 10-15 minute presentation (using PowerPoint or some other visuals) that does one of the following:

Ø      Convinces your principal to support your right to publish the article in question OR

Ø      Convinces your staff that the principal has the right to sensor your newspaper.

 

 

Process:

  1. Individually, read the facts of the case and the cartoon depiction.
  2. Individually, read the directions and complete the facts of the case handout.  This exercise will help you to determine the issue question. 
  3. Get in your groups and create one facts of the case that everyone agrees upon.  Have your instructor review this before moving on to step #4.
  4. In your notebooks, have your group create a T-Chart of what facts relate to your situation and what facts do not relate to your situation.  Have your instructor review this before moving on to step #5.
    RELATES                                DOES NOT RELATE

 

 

 

 

 

  1. As a group, read the precedents that pertain to this case.  In your notebooks, create a second T-chart.  Place each case in the appropriate column depending on whether it supports the board’s or the principal’s position.  Have your instructor review this before moving on to step #6.
    SUPPORTS THE BOARD      SUPPORTS THE PRINCIPAL

 

 

 

 

  1. Individually, map out each side’s case using the reasoning sheet.  When you are done, compare your answers to the answers your group members determined.  
  2. As a group, read the majority opinion in the case. 

  3. As a group, answer the following questions in paragraph form in your notebooks:

a)      Does your group agree with the majority ruling?  Why or why not?  Be sure to provide concrete examples.

b)      Did your group consider different issues than those the Supreme Court did? If so, what were they and how did they factor into your decision to support the students or the principal?

9.      Begin preparing the presentation: If your group has come to agree with the principal’s position, please prepare the presentation you will be giving to your reporters to let them know why you feel the principal should be allowed to censor your newspaper.  If your group continues to feel strongly that your principal is violating your freedom of speech, please prepare a presentation that will work to convince her that the articles should remain in the paper.

Your presentation should include:

1.      An introduction that grabs your audience’s attention and explains what you will be trying to convince them of.

2.      Summary of the case facts and issue in your own words (use facts of the case handout).

3.      The legal issue in the case (use facts of the case handout).

4.      At least one visual unless the presentation is done on PowerPoint.  The visual could be a chart, a picture or something else approved by your teacher. 

5.      A conclusion that summarizes your main points and overall position and makes the presentation memorable to your audience.

 

 

Resources:

http://www.maxwell.syr.edu/plegal/scales/hazel.html

http://www.landmarkcases.org/hazelwood/home.html

http://www.firstamendmentcenter.org/Speech/faqs.aspx?id=1419&#q1419

http://www.justicetalking.org/viewprogram.asp?progID=192

http://www.bc.edu/bc_org/avp/cas/comm/free_speech/hazelwood.html

http://www.splc.org/legalresearch.asp?id=4

Don’t forget:  People are resources too!  Feel free to talk to your principal, teachers, classmates, parents etc. about this assignment.

 

 

Evaluation:

 

CATEGORY

4

3

2

1

Use of Compulegal and Internet resources

Utilized the Compulegal resources listed in the webquest as well as additional Internet resources.

Thoroughly explored and made use of the Compulegal resources listed in the webquest.

Did not use all the Compulegal resources listed in the webquest.

Did not use Compulegal to complete this assignment or depended upon others to navigate Compulegal for him/her.

Written components (handouts, T-charts and written paragraphs)

Written components exhibit thoughtful analysis of the case facts and creative application of those facts to the current situation.

Completed all written components.  Assignments show effort was made although not all components are correct.

Completed most but not all of the required written components and/or many of the components were done incorrectly.

All or most of the written components were incomplete or incorrect.

Presentation

Contains all five requested components presented in a creative, professional manner that captured and held the audience’s attention.

Contains all five requested components but presentation lacked creativity, effort and/or professionalism.

Contains 3 or 4 of the requested components.

Contains less than 3 of the requested components or behavior during presentation was completely inappropriate.

Group Work

Helped to lead the group and tried to make sure that every group member was equally involved in the assignment.  Helped the group maintain focus.

Contributed greatly to the assignment but did try to make sure that every group member was equally involved.

Contributed to the group but lacked enthusiasm or effort.  At times, may have distracted the group.

Did not contribute to the group or exhibited behavior that made it difficult for the group to work together.

 

 

Standards

New York State Social Studies Standard #5: 

 

Students can take, defend and evaluate positions about dispositions that facilitate thoughtful and effective participation in public affairs.

 

Students can understand how citizenship includes the exercising of certain personal responsibilities, including voting, considering the rights and interests of others, behaving in a civil manner, and accepting responsibility for the consequences of one’s actions.

 

English Language Arts Standard #3

Students will read, write, listen, and speak for critical analysis and evaluation.

As listeners and readers, students will analyze experiences, ideas, information, and issues presented by others using a variety of established criteria. As speakers and writers, they will present, in oral and written language and from a variety of perspectives, their opinions and judgments on experiences, ideas, information and issues.

 

 

Conclusion:  You’re now an expert in legal reasoning!  You have studied the case of Hazelwood v. Kuhlmeier and have learned about students’ rights.  You can now apply these critical thinking, presentation and writing skills to your other classes and assignments.  Congratulations!