DeNooyer v. Livonia Public Schools, U.S. App. LEXIS 30084 (6th Cir. 1993)

Facts:

Second grader Kelly DeNooyer was a student at McKinley Elementary School in Livonia, Michigan. Her teacher started a program where a student in her class would be "VIP of the week." This program was designed to allow students to receive special attention from classmates and be allowed special "show and tell" privileges to present before the class. The goal of this program was to give students a sense of self-confidence and poise based on their verbal presentations.

Kelly DeNooyer was chosen as VIP of the Week and was allowed to bring in an item to discuss and display to her classmates. She brought in a videotape of her performance of a religious song at a church service. The teacher reviewed the tape and told Ms. DeNooyer that she would not be allowed to show it in class.

Issue:

Whether a teacher's refusal to allow a student to show as part of a classroom exercise a videotape of the student singing a religious song violated that student's First Amendment rights.

Holding:

In a 3-0 vote, a Sixth Circuit panel held that requiring a student to complete classroom exercises in ways that best achieve the goal of the exercise in question does not violate the free speech rights of the student.

Reasoning:

The court found that school classrooms are closed forums, designed not to allow the free expression of ideas, but to create an educational environment. As such, as long as teachers have legitimate, pedagogical reasons for their actions, they do not violate the Constitution when they require students to abide by the express rules as well as the goals of assignments.

Majority:

"We hold that educators do not offend the First Amendment by exercising editorial control over the style and content of student speech in school-sponsored expressive activities so long as their actions are reasonably related to legitimate pedagogical concerns." (Judge Nancy G. Edmunds)

Last updated: Thursday, September 9, 2010 | 06:09:05