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    Rob Van TuinenMar 19, 2014 at 10:51 pm

    “First Amendment rights, applied in light of the special
    characteristics of the school environment, are available
    to teachers and students. It can hardly be argued that either
    teachers or students shed their constitutional rights
    to freedom of speech or expression at the schoolhouse
    gate… In our system, state operated schools may not be
    enclaves of totalitarianism. … Students may not . . . be
    confined to the expession of those sentiments that are
    officially approved.” Tinker v.Des Moines Independent
    Community School District, 393 U.S. 503 (1969)

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  • E

    Elisabeth Tsitoura-HarrellNov 12, 2013 at 1:13 pm

    Absolute free speech is limited to public venues. You have the right to free speech in a public venue, such as a public sidewalk, but not inside a business or other privately managed institution where policy governs behavior. You are not required to enter into the privately managed institution so you choose whether or not you wish to have any of your civil rights limited. While distributing copies of the Constitution would be seen as a positive thing, as the distribution of the material took place on Modesto Junior College campus grounds and is therefore subject to the same approval policy as any other material for distribution. The campus is a public institution but not a public venue. The campus is subject to regulation by the administration and they must set policies that address as many scenarios as possible. So whether it is the Constitution or abolishing abortion rights, all material to be distributed must be approved by the administration. All the students would have had to do was cross the street to a public sidewalk to exercise any of their Constitutionally guaranteed civil rights.

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Modesto Junior College stops student’s distribution of Constitution