2024-03-29T06:50:53Z
https://niigata-u.repo.nii.ac.jp/oai
oai:niigata-u.repo.nii.ac.jp:00007902
2022-12-15T03:42:12Z
428:429:770:815
453:456
The review of the aim of publlic education considered by the United States Supreme Court
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
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
渡辺, 英雄
56712
公教育の目的
主権者教育論
人間教育論
Tinker判決
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".
departmental bulletin paper
新潟大学大学院現代社会文化研究科
2002-03
application/pdf
現代社会文化研究
23
89
99
現代社会文化研究
AN1046766X
13458485
https://niigata-u.repo.nii.ac.jp/record/7902/files/18_0047.pdf
jpn