645 F.3d 533
2d Cir.2011Background
- The Tattler is Ithaca High School's student newspaper, distributed mainly on ICSD grounds with editors supervised by a Faculty Advisor who has final content say in at least some cases.
- The paper is school-sponsored, funded by ICSD, and carries the District's imprimatur through masthead and resources; distribution is to students and the school community.
- In late 2004/early 2005, Faculty Advisor Vinch censored a pre-publication cartoon and article, and proposed guidelines limiting advisor/editor roles.
- The February 2005 issue again refused the cartoon; Principal Wilson denied the appeal and cited the cartoon as obscene and inappropriate for immature audiences.
- In March 2005, ICSD denied distribution of an independent on-campus issue (The March Issue) containing the same cartoon, citing substantial interference with the school and health education concerns.
- A new Faculty Advisor was appointed on May 11, 2005, and The Tattler restarted publication; plaintiffs sued on June 3, 2005 alleging First and Fourteenth Amendment violations and challenging the Guidelines.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether The Tattler is a limited public forum for First Amendment purposes. | R.O. argues the paper was broadly available and should be fully protected. | ICSD contends the forum is limited to supervised, age-appropriate content. | Yes; the Tattler is a limited public forum. |
| Whether ICSD could lawfully regulate The Tattler under Fraser/Hazelwood. | Plaintiffs claim censorship was improper and viewpoint-discriminatory. | School may regulate lewd/indecent content and school-sponsored speech reasonably related to pedagogy. | Yes; actions were constitutional under Fraser and Hazelwood. |
| Whether prohibiting on-campus distribution of The March Issue was lawful under Tinker/Fraser. | Distributing the independent paper could not disrupt school operations. | Cartoon was lewd and would disrupt classwork and discipline; Fraser/Hazelwood apply. | Lawful under Fraser (and Hazelwood) to prohibit distribution. |
Key Cases Cited
- Bethel School Dist. No. 403 v. Fraser, 478 U.S. 675 (Supreme Court 1986) (schools may prohibit lewd or offensive speech)
- Hazelwood School Dist. v. Kuhlmeier, 484 U.S. 260 (Supreme Court 1988) (school-sponsored speech may be censored reasonably related to pedagogical concerns)
- Tinker v. Des Moines Indep. Cmty. Sch. Dist., 393 U.S. 503 (Supreme Court 1969) (students retain First Amendment rights at school, unless disruption occurs)
- Guiles ex rel. Guiles v. Marineau, 461 F.3d 320 (2d Cir. 2006) (lewd content can be censored; Fraser framework applies beyond on-campus speech)
- Morse v. Frederick, 551 U.S. 393 (Supreme Court 2007) (schools may restrict speech promoting illegal drug use)
- Hotel Emps. & Restaurant Employees Union Local 100 v. N.Y.C. Dept. of Parks & Rec., 311 F.3d 534 (2d Cir. 2002) (forum classifications and openness of forums affect permissible regulation)