Disruptions In Schools

Many years ago, the United States Constitution was created as a guideline for the newly formed government to run this country as well as secure protection rights of all citizens. Since then, there have been many incidents that question the violation of citizens’ rights under the Constitution, such as the violation of the fourth amendment which protects citizens from unreasonable searches and seizures especially in the school system and on college campuses. The fourth amendment states, “The right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized” (O’Brien, 2014). As this pertains to those citizens who are students, whether it be in the primary, secondary, or post-secondary setting, the question that unveils itself is whether or not students are entitled to their constitutional rights, in this case, the fourth amendment’s rights, while in the school environment.

Some schools have used their authorities to discipline students and teachers over things they posted on the internet from the privacy of their homes and on their private time. In America, students are not supposed to lose their constitutional rights “at the schoolhouse gate.” The protection of students’ rights to free speech and privacy in and out of school is essential for ensuring that schools provide both valuable education and training in our democratic values. Unfortunately, schools continue to demonstrate a troubling willingness to cut back on students’ rights. In recent years, educators have repeatedly disciplined students for speech critical of teachers and administrators.

The functionality and success of the American democracy is dictated by the fundamental rights outlined in the Constitution. These rights have been utilized by American citizens on numerous occasions throughout the centuries when advocating for these critical rights. However, questions started to arise when high school students started exercising these rights in their high schools, specifically their right to free speech and expression. The right of high school students to freedom of speech became an issue when their speech began to disrupt the school day and, as a result, teachers began to restrict it. Tinker vs. Des Moines, the landmark case advocating for students’ right to free speech, as well as Bethel vs. Fraser, the case ruling that students don’t have the same first amendment rights as adults, have been instrumental in dictating the outcome of future court cases regarding the right to freedom of speech of high school students. The exchange of information and exposure to new and different ideas is critical to students’ education and should be protected. However, if the freedom of speech infringes upon the need to maintain a safe learning environment, should it be protected? In my opinion, interpretations of Tinker have proved to be too restrictive on the First Amendment rights of students. The right to freedom of speech is a core right of the American

In Des Moines, Iowa in 1968, three students arrived at their schools wearing black armbands symbolizing their thoughts on the United States being involved in the Vietnam War. The principal of each school quickly created a policy banning the armbands. This soon led to the suspension of the students from school. A lawsuit was filed on behalf of the students that eventually made its way all the way up to the Supreme Court. The fact that the schools were regulating the children’s freedom of speech is wrong and unconstitutional.

The question is if the First Amendment allows public institutions of higher education special privileges to punish students for

Since school uniforms have become more and more common in the United States, there has been one issue that many, of the parents and students are worried about. Many believe the children will not have the ability to express themselves freely. The First Amendment guarantees our right to free expression. This means that students do not leave their First Amendment rights outside the schoolhouse door, but their opinions can be limited to prevent major disruptions to classes and outside activities. To make this statement more clear, in 2003, a high school senior was suspended from school for wearing a tee-shirt of President George W. Bush with the statement “International Terrorist.” (ACLU , 1997-2009) The student’s suspension was later

Many students believe that they have unlimited rights, however this isn’t true. In school settings, school policies can limit the rights of the students to make a safer and more orderly learning environment. These policies don’t completely take away the rights, they merely limit these rights, even if students feel differently. These are some examples of limited rights in school systems.

“Congress shall make no law…abridging the freedom of speech…”U.S. Const. Amend. I. “The Fourteenth Amendment, as now applied to the States, protects the citizen against the State itself and all of its creatures-Board of Education’s not accepted.” Tinker v. Des Moines Sch. Dist., 393 U.S. 503, 578 (1969). “First Amendment rights, applied in light if the special characteristics of the school environment, are available to teachers and students. It can hardly be argued that both students and teacher shed their constitutional rights to freedom of speech or expression at the schoolhouse gate.” Id. “… the constitutional rights of students in public school; are not automatically coextensive with the rights of adults in other settings…” Morse v. Frederick, 551 U.S. 939, 582 (2007).

Freedom of speech is one of the most important parts of the First Amendment, and it applies to everyone-- even students. Every day, students come to school to learn about many things, including citizenship. In order to teach young people rights, they must have rights in the first place. Although students should have free speech rights, the school has a right to limit certain things that could hurt the students. In the past, cases have been brought to the Supreme Court involving student speech in school, and they have set the precedents used today. Today in schools, students have enough free speech rights, but their rights should include publishing in school newspapers.

The minor K.K. was issued a 10 day suspension and a 90 day social suspension, which prevented her from participating in school events, which “quote” on “quote” made her depressed. She could not interact with others as much as she used to, this is a key example of the eighth amendment be violated. Another student was expelled for cyber bullying, his name was Sean Talley ,here’s his story- http://www.nola.com/education/index.ssf/2015/07/sometimes_doing_the_right_thing_was_a_little_boring_seans_story.html

In terms of surveillance practices, many school systems focus on safeguarding the well-being of all students and staff as a primary concern. For example, presently the current jurisprudence interpreting the Fourth Amendment generally allows school officials to employ a variety of strict measures, separately or in conjunction, even when their uses are similar to a positive and negative rights of power. As a result, under the current legal doctrine, students have almost no legal recourse to address conditions that correlate with prison-like environments.

Freedom of speech, the amendment that allows for citizens to express their opinions freely without any restrictions, is one of the most well-known rights. This amendment is deemed an unalienable right, which grants it immunity from being taken away. That is in question as student journalists and their publications around the US are having this right compromised. In the 1988 case of Kuhlmeier V. Hazelwood, the constitution was contested on the coverage of the first amendment. 30 years later, the case is still questioned on whether the decision that schools have the capability to censor content on school publications is appropriate.

In this article, Tom Jacobs lists many examples of historical court cases involving students and their rights to free speech in school. Some of these cases ruled in favor of the students and some did not. Most of the students involved in these cases presented the same argument. They argued that their school was infringing upon their rights under the first amendment. One of the cases listed was the Tinker v. Des Moines case. The students in this case wore black armbands to protest the Vietnam war. School officials suspended the students when they refused to remove the armbands after being told. The supreme court ultimately sided with the students. This case is an example were students were wrongly punished for acting upon their rights.

The issue of liberty in speech has long been a contested issue in the schoolplace. While the constitution guarantees this freedom for all, there are limits placed within the boundaries of these liberties (two particular reasons for each side that often clash with each other were stated by the "Center for Public Education"; "The reason is that the First Amendment’s Free Speech Clause requires courts and school districts to weigh and balance two forceful ideas that occasionally clash: The need for a safe, orderly school environment conducive to learning. [and] The guaranteed American entitlement to speak or engage in expressive activity.") : this is why there should be limitations to freedom of speech for both students and adults in the schoolplace.

All students should be granted their freedom of expression for it is a right they are given in the First Amendment. The First Amendment states that all people, including students, have the freedom to speak their opinions and may also take part in the democracy. But, when students have a chance to do so, they are punished for it. In a West Chicago case of a school play being canceled, students dressed in costumes and the supporters stood outside after the morning bell rung. After the protest, the students faced suspension and their graduation at risk (S Ahmed-Ullah). This is important because the students of the school had the right to protest in that way because of their freedom of speech granted to them by the First Amendment. But instead of their actions being accepted and the school listening to what they had to say to try and change it, students were instead punished for their