Reading Questions Chapter 4 (2)

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Communications

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Jan 9, 2024

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ED506 Chapter 4 Reading Questions 1. How does the constitutional right to freedom of speech differ for students in a public school compared to that of an ordinary person in everyday life in the public sphere? What are some of the landmark court decisions that establish guidelines regarding what forms of student speech can or cannot be limited? In general, how is one to determine what these limits should be? The constitutional right to freedom of speech differs for a student in public school compared to that of an ordinary person in everyday life in the public sphere because with the school, there are some restrictions. During the Morse v. Fedrick (2007) case, the U.S. Supreme court stated that school authorities may, “restrict student speech at a school event, when the speech is reasonably viewed as promoting illegal drug use.” In Bethel School District No. 403 v. Fraser (1986), the U.S. Supreme court ruled that hate speech, derogatory, disrespectful, profane, or vulgar speech is also restricted and not allowed in school. In the public sphere, there are some things that are also restricted that can get you in trouble as well like hate speech depending on the severity and matter. Another landmark court decision that happened was the Tinker v. Des Moines School District (1969). This case is also known as the “Black Armband Case”. The main points to take away from this case were that a student can express their opinions as long as it doesn’t interfere with previous rules or the rights of others. It should also not disrupt the classwork of others. In general, one can determine what the limits of a threat by determining whether or not a true threat has been made. What I mean by this is you need to ask if the student is posses a threat and not whether they made a threat. One can also determine what limits on clothing should be allowed or not is by it not having any symbols that are linked to gangs, sagging pants (Bivens v. Albuquerque Public Schools 1995), and other clothing that is revealing. 2. The courts have come to contradictory conclusions regarding limitations on student dress. What are the criteria that have been used in various cases to evaluate the legitimacy of requiring uniforms or banning certain forms of student dress? Be sure to cite the cases from which these decisions have come. As of today, the U.S. Supreme Court has not ruled on a dress code case. They have had the opportunity but have never done so and are unlikely to ever make such ruling. Some of these court cases were Broussard v. School Board of City of Northfolk (1992) where shirts saying, “Drugs Suck” were banned. Another court case where Marilyn Manson T-shirts were banned as well (Boroff v. Van Wert City Board of Education 2000). Clothing that also has gang affiliation or symbols can also be banned if it is linked to bad behavior. Courts have also decided on banning baggy pants (Bivens v. Albuquerque Public Schools 1995). This is why some people think implementing a strict student dress code would just be easier to manage than making all of these policies on what students can’t wear. By making a dress code and telling them what they can, you eliminate a lot of the confusion and distraction. Five reasons for implementing a school dress code stated in the textbook were that it decreases violence, prevents gang-related attire, instill discipline, helps students concentrate, and aids in the recognition of intruders. In Littlefield v. Forney Independent School District (2000), it was found that the choice of clothing in school is not protected by the First Amendment.

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