1prophet
Diamond Member
- Aug 17, 2005
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It is amazing how times change and people forget the battles fought over similar issues
As might be expected of a school with Foley's legacy, The Red Tide, necessarily published in obscura, was avidly read on the University High campus. When the school's authorities eventually acted to stifle its distribution in 1974, they found themselves dragged into court by one of their students, Susannah Bright, who sought redress through a precedent established by high school students in Des Moines, Iowa, whose wearing of black arm bands in protest of the Vietnam War had led to the landmark case, Tinker v. Des Moines Independent School System (1969).
In Tinker, the U.S. Supreme Court established that secondary students "did not shed their constitutional rights to freedom of speech or expression at the schoolhouse door." The Justices declared that "personal intercommunication among the students... is not only an inevitable part of attending school; it is also an important part of the educational process."54 The court further noted that this student communication, especially the expression of an unpopular view, may cause trouble and lead to disturbance, but, "our history says that it is this sort of hazardous freedom--this kind of openness--that is the basis of our national strength and of the independence and vigor of Americans who grow up and live in this relatively permissive, and often disputatious society."55
In the case of University High School 10th grader Susannah Bright v. the Los Angeles Unified School District (1976), the California Supreme Court determined that both on campus and off-campus publications were protected under Tinker, even though "newspapers of this genre typically contain material which criticizes school administration, challenges the principles and policies of public education and covers controversial topics outside the curriculum-all frequently couched in strident and blunt, even earthy language."56
As might be expected of a school with Foley's legacy, The Red Tide, necessarily published in obscura, was avidly read on the University High campus. When the school's authorities eventually acted to stifle its distribution in 1974, they found themselves dragged into court by one of their students, Susannah Bright, who sought redress through a precedent established by high school students in Des Moines, Iowa, whose wearing of black arm bands in protest of the Vietnam War had led to the landmark case, Tinker v. Des Moines Independent School System (1969).
In Tinker, the U.S. Supreme Court established that secondary students "did not shed their constitutional rights to freedom of speech or expression at the schoolhouse door." The Justices declared that "personal intercommunication among the students... is not only an inevitable part of attending school; it is also an important part of the educational process."54 The court further noted that this student communication, especially the expression of an unpopular view, may cause trouble and lead to disturbance, but, "our history says that it is this sort of hazardous freedom--this kind of openness--that is the basis of our national strength and of the independence and vigor of Americans who grow up and live in this relatively permissive, and often disputatious society."55
In the case of University High School 10th grader Susannah Bright v. the Los Angeles Unified School District (1976), the California Supreme Court determined that both on campus and off-campus publications were protected under Tinker, even though "newspapers of this genre typically contain material which criticizes school administration, challenges the principles and policies of public education and covers controversial topics outside the curriculum-all frequently couched in strident and blunt, even earthy language."56
