Hazelwood School District v. Kuhlmeier

Justices Brennan, Marshall, and Blackmun all dissented vehemently from the Court's majority opinion. Brennan wrote the dissent, in which he argued that "school officials may censor only such student speech as would `materially disrup[t]' a legitimate curricular function." In other words, he maintained, the majority wanted to give school officials power over student speech in order to promote educational goals. The dissenters would allow school officials restrictive power only to prevent students from actively disrupting a class or other school function.

Brennan was scornful about the principal's supposed right to shield impressionable high school students from unsuitable material. Although he agreed that educators had a right, even a duty, to supervise curriculum, he said that this was not "a general warrant to act as `thought police' stifling discussion of all but state-approved topics and advocacy of all but the official position."