論文

2002年3月

アメリカ連邦最高裁における公教育像の考察 (二) : Tinker判決をきっかけとして

現代社会文化研究
  • 渡辺 英雄

23
開始ページ
89
終了ページ
99
記述言語
日本語
掲載種別
出版者・発行元
新潟大学

In this article, I consider how the Supreme Court of the United States has applied the standard adopted by Tinker, whether teachers can constitutionally restrict the student's freedom of speech, to later cases. Especially, I refer to three cases in which the Supreme Court applied that standard in the 1980's. It the Pico case at 1982, plurality opinion of the judges decided that removal of certain books from school libraries by the board of education was unconstitutional because the special characteristics of the school library made it's environment especially appropriate for the students to recognize their First Amendment rights. As to matters of curriculum, instead, discretion was recognized broadly to accomplish the duty of inculcating community values upon students. In Fraser at 1986, the regulation by school officials concerning obscene speech of student at the assembly as a curriculum was judged constitutional because the school mission of education could be violated if it was permitted. The Hazelwood judgment in 1988 was a crucial shift. Opinion of the court distinguished the speech, which is the personal expression of the student in the Tinker case, and 'the school sponsored speech'. And a passive jurisdiction rule was applied to the latter one so as to allow the school officials to exercise extended authority. Through the consideration of these judgments, then, I present the conclusion that the purpose of the public education which the Supreme Court of the United States has set up, is consistently based on "Civil Education".

リンク情報
CiNii Articles
http://ci.nii.ac.jp/naid/110000563751
ID情報
  • ISSN : 1345-8485
  • CiNii Articles ID : 110000563751
  • identifiers.cinii_nr_id : 9000002598215

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