Legal Question in Constitutional Law in Ohio

student publications/freedom of speech/censorship

What legal precedents are out there regarding freedom of speech and censorship of high school student publications? Do adults have any authority to determine that something is inappropriate and should not be printed?


Asked on 5/21/02, 8:01 pm

1 Answer from Attorneys

Charles Aspinwall Charles S. Aspinwall, J.D., LLC

Re: student publications/freedom of speech/censorship

School authorities have created a cute gimick in the law known as "in loco parentis" which means "in the place of parents." By this device school authorities reserve the right to censor school publications the way a parent would assume to censor a letter to grandma, say, to ensure adult-appropriate content. It is plain censorship to, actually, ensure that nothing offensive to adults reaches students through a school publication.

The simple answer to your question is that until you attain the age of majority and are out of school you will be subject to school censorship and the First Amendment will not help you with that.

Adults are generally terrified of ideas they do not understand or do not agree with, although it is sometimes hard to see why . . . .

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Answered on 5/22/02, 10:06 am


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