미국 헌법상 학생의 표현의 자유에관한 연구

Freedom of expression guarantees that all thoughts and opinions can be expressed and communicated freely regardless of content. However, with regard to student expression, there has been an issue as to whether schools, which are educational institutions, can restrict expression through disciplinary action. In the United States, students’ freedom of expression is guaranteed based on the First Amendment, but the First Amendment has provided little protection to public school student speech. In Tinker v. The Des Moines Independent Community School District, the Supreme Court ruled in favor of the public school students’ freedom of expression, three subsequent decisions restricted this right. In Bethel School Dist. No. 403 v. Fraser, in Hazelwood School District v. Kuhlmeier and in Morse v. Frederick, the Supreme Court ruled that the school’s punishment for student expression is not in violation of the Constitution. However, in the 2021 case, Mahanoy Area School District v. B.L, the Supreme Court decided that the punishment for the student’s off-campus speech violated the student’s First Amendment rights. This article examines whether the freedom of expression of public school students is recognized and the extent to which schools can restrict student expression, focusing on the U.S. Supreme Court decisions. Students’ expressions are developing in various ways both on and off-campus through the technology that conveys them. Judgment on whether the specific content of student expression is permissible still emphasizes the meaning of freedom of expression in a democratic society.