Student Free Speech Rights
Guiles v. Marineau
Background
Guiles v. Marineau is a “First Amendment case,” meaning it raises issues addressed by the First Amendment to the U.S. Constitution. That amendment is part of the Bill of Rights, the first 10 amendments that were adopted shortly after the Constitution was ratified.
The First Amendment reads, “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.” Guiles v. Marineau concerns the freedom of speech.
As is often the case, constitutional issues get decided in court. That’s because the Constitution itself is only a paper document. The protections of citizens’ liberties in the Bill of Rights only occur when citizens exercise their rights – and challenge the government if they think the government is abridging, or violating, them.
A public school is considered a part of the government. The Constitution protects you, therefore, from unconstitutional actions taken by your school. If you bring a constitutional claim against your school, you must prove that your school violated rights guaranteed by the Constitution. These rights have been further defined and clarified over the years through court decisions. Judges deciding constitutional cases look to these prior decisions for guidance in making their rulings.
The case Guiles v. Marineau is named for Zachary Guiles, who was a student at Williamstown Middle School in 2004, and Seth Marineau, who was the principal of the school at the time. Legal cases are named for the “plaintiff” and the “defendant.” The “plaintiff” is the person bringing the case, the “defendant” is the person who must defend the actions the plaintiff objects to. The plaintiff’s name comes first in the title of the case, the defendant’s name second. They are separated by a “v” for “versus,” a Latin word meaning “opposed to.” Often there are multiple plaintiffs and defendants in a case. Usually, the first plaintiff’s name, and the first defendant’s name, are used in the title of the case.
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