Can Public College Administrators Censor My School-Hosted Blog?
Probably not, unless justified under Tinker’s “material disruption” test as described above. Courts have generally found that the protective Hazelwood standard (that allows school censorship) only applies to high schools, and censorship of a student’s publication by a public college or university would amount to an unconstitutional prior restraint. See e.g. Student Gov’t Ass’n v. Univ. of Mass., 868 F.2d 473 (1st Cir. 1989) and Kincaid v. Gibson, 236 F.3d 342 (6th Cir. 2001). Addressing the First Amendment rights of public college students, one federal Fourth Circuit Court of Appeals explained: It may well be that a college need not establish a campus newspaper, or, if a paper has been established, the college may permanently discontinue publication for reasons wholly unrelated to the First Amendment. But if a college has a student newspaper, its publication cannot be suppressed because college officials dislike its editorial comment. Joyner v. Whiting, 477 F.2d 456, 460 (4th Cir. 1973
Probably not, unless justified under Tinker’s “material disruption” test as described above. Courts have generally found that the protective Hazelwood standard (that allows school censorship) only applies to high schools, and censorship of a student’s publication by a public college or university would amount to an unconstitutional prior restraint. See e.g. Student Gov’t Ass’n v. Univ. of Mass., 868 F.2d 473 (1st Cir. 1989) and Kincaid v. Gibson, 236 F.3d 342 (6th Cir. 2001). Addressing the First Amendment rights of public college students, one federal Fourth Circuit Court of Appeals explained: It may well be that a college need not establish a campus newspaper, or, if a paper has been established, the college may permanently discontinue publication for reasons wholly unrelated to the First Amendment. But if a college has a student newspaper, its publication cannot be suppressed because college officials dislike its editorial comment. Joyner v. Whiting, 477 F.2d 456, 460 (4th Cir. 1973
Related Questions
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