AGO 1989-038.

• Case Date: April 03, 1989
• Court: Kansas

Kansas Attorney General Opinions 1989. AGO 1989-038. April 3, 1989ATTORNEY GENERAL OPINION NO. 89-38The Honorable Rick Bowden State Representative 93rd District State Capitol Room 281-W Topeka, Kansas 66612 Re: Constitution of the State of Kansas--Bill of Rights--Liberty of Press and Speech; School Newspapers Synopsis: Under the United States Supreme Court decision in Hazelwood School District v. Kuhlmeier, local public school officials and administrators may exercise reasonable control over activities sponsored by a public school such as publications, theatrical productions and other expressive activities so long as the educators' actions are reasonably related to legitimate pedagogical concerns and there is no intent to create a public forum. Also, Section 11 of the Kansas Bill of Rights does not provide an absolute right to freedom of speech and expression. Students in private, accredited schools are subject to reasonable school regulations. The Hazelwood decision applies to public schools on its facts, and does not apply to non-public schools. Cited herein: Kans. Const., B. of R., § 11; U.S. Const., Amend. I, XIV. * * * Dear Representative Bowden: As Representative for the ninety-third District, you request our opinion concerning the application of the decision rendered by the United States Supreme Court in Hazelwood School District v. Kuhlmeier, 484 U.S. 260, 98 L.Ed.2d 592, 108 S.Ct. 562 (1988). Specifically, you inquire whether, through the application of the Hazelwood decision, local public school boards or local public school administrators can censor articles or stories appearing in sanctioned school newspapers, or works of journalism classes, yearbooks, or articles written by students in writing classes. Also, you ask whether Section 11 of the Kansas Bill of Rights conflicts with the above decision and grants students uncensored freedom of speech and/or press. Lastly, you ask how the Hazelwood decision and the Kansas Constitution apply to students in accredited non-public schools. We will first address the implications of the Hazelwood decision and whether local school boards or school administrators may censor school newspapers, journalism classwork, yearbooks, or articles written in writing classes. In Hazelwood, former high school students who were staff members of a high school newspaper filed suit...