학생의 표현의 자유의 허용범위와 한계 = 미국연방대법원의 판례와 이론을 중심으로

다국어 초록 (Multilingual Abstract)

The purpose of this paper is to provide the guideline of protection and restriction of the student’s freedom of expression, for example the freedom of speech, the freedom of the press, the freedom of assembly, the freedom of association.
To carry out this goal, researched lots of U.S. supreme court cases and selected some important cases. we can learn several lessons from U.S. cases to make a guideline to protect student’s freedom of expression in Korean legal situation.
First, exercising of the student’s freedom of expression is as important as citizens exercise their right. however, the student should exercise their right unless the other subjects(teachers’, schools’, etc)rights would not be infringed.
Second, the student’s freedom of expression could be restricted when their rights can disturb the school’s normal business and invade the other student’s freedom and rights. but when the school restrict the student’s freedom and rights, the school have to prove that the student’s expression of behavior invaded the rule of school materially and substantially.
Third, the school can not protect the student’s right to express as much as citizen’s one. because the student is not a adult and his opinion is not perfect as citizen. and the school should consider educational idea when they judge the student’s behavior.
Fourth, although the teachers and administrators should keep in mind guideline based on the law to protect the student’s right, the teachers’ educational decision should be respect if necessary, Thus the student’s freedom of expression should be established within the range of law and education.