J. D. Martin: A Student Abusing Their Academic Freedom

Erwin Chemerinsky describes the main opposing views on this issue in his book Free Speech on Campus, “One derides all efforts to protect students from the effects of offensive or disrespectful speech as “coddling” and “politically correctness.” The other side

should be limitations on free speech in schools so student can focus on studies and argued that

[A student] may express his [or her] opinions, even on controversial subjects…if he [or she] does so without materially and substantially interfering with the requirements of appropriate discipline in the operation of the school and without colliding with the rights of others. But conduct by the student, in class or out of it, which for any reason – whether it stems from time, place, or type of behavior – materially disrupts classwork or involves substantial disorder or invasion of the rights of others is, of course, not immunized by the constitutional

The following cases are utilized: Pickering v. Board of Education, Mt. Healthy City School District v. Doyle, Connick v. Myers, Hazelwood v. Kuhlmeir, and Garcetti v. Ceballos. The case, Pickering v. Board of Education, the Supreme Court acknowledged teachers have the right to voice personal views as they relate to issues of public concern (Cambron-McCabe, McCathy & Eckes, 2014). More specifically, “The Pickering case is one of the most influential court cases concerned with the balancing of teacher’s First Amendment right to freedom of expression against the state’s interest in promoting efficient schools” (DeMitchell & DeMitchell, 1990, p 385). If a teachers voices personal views that are damaging to coworkers, school procedures, ones’ occupational performance, and does not directly relate to public concerns there will be grounds for disciplinary actions (Cambron-McCabe, McCathy & Eckes, 2014). This constitutional rights stands both inside and outside of the classroom, as educators can utilize various methods of communication, such as social media, written artifacts, visual relics, and expressive language. In the case, Hazelwood v Kuhlmeier, a teacher’s personal opinion can be expressed within the contours of a classroom when applicable to pedagogical reasons. More specifically, “Reasoning that the teachers was speaking for the school, the court concluded that teachers are not entitled to express views in the classroom that are counter to the adopted curriculum” (Cambron-McCabe, McCathy & Eckes, 2014, p. 242). If the topic discussed within the classroom is controversial in nature it must be censored, thus deeming appropriate to a youthful audience. In conclusion, it is imperative for educators to ‘think before they speak,’ as their actions can have detrimental impacts on key stakeholders as well as their

The First Amendment gives the citizens of the United States their most important rights: the right to freedom of speech, freedom of press, freedom of religion, and the freedom of assembly. Over time these rights have worked themselves into the everyday lives of United States citizens. However, there are still places where our First Amendment rights may be compromised. In the school system, finding a balance of respect and freedom of speech and press is as difficult as learning out to tightrope walk. One wrong step and you could be compromising the learning environment of the entire student body.

Citizens in America are born with a various amount of rights. One of these rights include the freedom of speech and expression. However, school administrators have the ability to restrict a student’s expression. The Supreme Court Cases ‘Bethel School District v. Fraser’ and ‘Frederick V. Morse’ gave schools the right for the administrators to discipline children when they see fit. Students should be able to express themselves in any way without fearing that their school administrators will discipline

Everyone in America should be guaranteed the freedom of speech granted by The Constitution. In 1988, the court ruled in Hazelwood School District v. Kuhlmeier that schools \could limit freedom of speech in school if they had “educational concerns” (Jacobs). The problem is that “educational concerns” is too vague and school districts are able to use this as a loophole to get away with removing articles that do not need to be removed. Often, the concern is based on perception and image more than anything else. Angela Riley’s article “20 years later: Teachers reflect on Supreme Court’s Hazelwood School District v. Kuhlmeier ruling” quotes Frank LoMonte, executive director of

In his book, Unlearning Liberty (2014) Greg Lukianoff, President of the Foundation for Individual Rights in Education (FIRE) asserts that violations of free speech— whether by students, faculty, or administration—will have devastating effects in greater society. Lukianoff supports his assertion by describing cases he has seen throughout his career at FIRE. From administration punishing students to professors getting fired for clearly protected speech. Lukianoff’s purpose is to point out the misguided lessons about freedom that are being taught on campus and to encourage his audience to stand up for freedom on campus. Lukianoff writes in an earnest tone to an audience who recognizes the importance of freedom in America society.

Benjamin Franklin once said, “Without freedom of thought, there can be no such thing as wisdom; and no such thing as public liberty, without freedom of speech.” Indeed, free speech is a large block upon which this nation was first constructed, and remains a hard staple of America today; and in few places is that freedom more often utilized than on a college campus. However, there are limitations to our constitutional liberties on campus and they, most frequently, manifest themselves in the form of free speech zones, hate speech and poor university policy. Most school codes are designed to protect students, protect educators and to promote a stable, non-disruptive and non-threatening learning environment. However, students’ verbal freedom

Freedom of speech is a fundamental American freedom and a human right, and there’s no place that this right should be more valued and protected than in colleges and universities. A college exists to educate and to advance a student 's knowledge. Colleges do so by acting as a “marketplace of ideas” where ideas compete. It is important to be able to compare your ideas with everyone else as it helps to open your mind to other people’s views and can give you a different perception on things. In the article “The Coddling of the American Mind,” Jonathan Haidt and Greg Lukiankoff talked about how too many college students engage in “catastrophizing," which is in short, the overreaction to something. They also said that “smart people do, in fact, overreact to innocuous speech, make mountains out of molehills, and seek punishment for anyone whose words make anyone else feel uncomfortable.”(Haidt) Many colleges have the belief that prohibiting freedom of speech will resolve such issues. But instead, colleges should take a different approach on the matter by teaching students how to properly utilize their Freedom of Speech which will help to resolve future conflicts and misunderstandings.

The subject of student rights has caused a lot of confusion and anger for decades now. There are two different sides that everyone seems to fall into. Some people want the constitutional rights of students to be fully protected within the school. The other side believes that, as a public institution, schools should regulate what is said or done by students to protect everyone involved. This is where it gets confusing, because it is hard to draw the line between what is allowed or not. The three most interesting topics that I chose to cover are a student’s right to free speech, religion within the school and student privacy.

Freedom of speech is more than just words, it is posters, petitions, rallies, protests, and more. This lets opinions be shared and spread to make a difference in the world. The problem is that in schools there is a limit on the amount of freedom of speech students can have. How are students supposed to feel like they have a voice when they are being told that they can only speak of certain topics? By what means could student be educated on their rights like the First Amendment if they cannot have full access to that right at all times? Students are brought together by freedom of speech, schools should not be stopping that. It is essential that freedom of speech in schools should not be limited because it gives students a voice, it educates them on their rights, and it brings students together.

According to the 1940 Statement of Principles on Academic Freedom and Tenure academic freedom states that as long as teachers performing their academic duties adequately they are allowed to full freedom in their research as well as publication of the results. If research is for monetary gain then there should be a prior understanding with the university. The statement of principles also declares that while teachers have freedom discussing their subject in the classroom they should not introduce controversial material that is not related to their subject matter. Religious and or other institutional limitations that restrict academic freedom should be stated at time of hire in writing. The statement of principles also states that when teachers

Additionally, many required classes for a degree that stretch the mind of each student past its previous level will be ineffective if freedom of speech is taken. For example, most degrees include a mandatory ethics class, one that challenges their typical viewpoints and forces them to observe the world from the other side. Debates in this class must be free to contemplate all angles and reasoning in order for them to truly hold influence and spark the minds of its participants. The events of these friendly debates would be impossible in a university that controls the speech of its students. Or what about those in classes studying government? Students would learn about laws and the Constitution only to know that their first amendment rights are being disregarded. What about those studying the Holocaust or African American history? Their textbooks would be moderated, and any who wanted to look further into his or her topic could be punished unrightfully like Keith John Sampson was for his novel. The nation’s universities must be fully aware of the dilemmas that eliminating the freedom of speech would cause.

The first bell rings. Students walk into class. During class, the teacher asks questions to the students, yet no students raise their hand to answer it. This is like what happens to students when it comes to their freedom of expression. Students, like these in the classroom, are constricted in the way they express themselves. Students are not allowed to have their freedom of expression in schools, but that is not how it should be. Students should be able to express themselves without limits because it is a right in the First Amendment, it brings people together, and it gives students a voice.