Shanna's Shirt Case Study

The dissent argues that there should be a limit on expression in school to allow students

“Free speech” often has negative connotations because the negative outcomes are publicized more than the positive outcomes. ‘Free Speech’ is a time for individuals to express their beliefs and topic on an important issue. People chose to present themselves in a vast majority of ways such as, holding signs, making t-shirts, shouting, etc. People who chose to present themselves in disrupting ways such as, foul language, inappropriate attire are more likely to be noticed than another student that is holding a simple and respectful sign. Schmidt states, “Universities cannot censor or suppress speech, no matter how obnoxious in content, without violating their justification of existence” (2). There is no definition of what type of ‘free speech’ should be censored and not allowed. With that said, there should not be a limit on ‘free speech’

First off, limiting students’ online speech is unconstitutional. The first amendment clearly states, “Congress shall make no law...abridging the freedom of speech…” Which says that, for the most part, we can say whatever we want. In Gitlow v. New York the Supreme Court decided that first amendment applies to other levels of government, including public schools. What all this amounts too is that public schools are required by the constitution to protect their students’ freedom of speech. So, if a school was to limit any student’s online speech, the school is entirely abridging his/her rights.

We need to be a school district that prepares all students to be productive members of society. We need to expose our students to the real world and help them see that the world is bigger than our very small community. We need to ensure that all students have the opportunity to succeed and reach their goals. We need be a school with a pluralistic culture. Our students need to be culturally competent and have a good understanding of diversity. We need to promote the acceptance and celebration of people from all walks of life. We need to develop a supportive atmosphere where students feel they can express their beliefs freely without prejudice or judgment.

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

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

In 1969, a group of students filed a lawsuit against their school district claiming that their First Amendment rights were violated because the school district wrote a policy that prohibited them from wearing black armbands in a silent protest of the Vietnam War. Tinker v. Des Moines Independent Community School District (1969) ruled that students are entitled to their First Amendment rights as long as they are not causing a disruption to the school environment. This paper outlines the procedure and rulings in the case as well as other legal rulings that have expanded on when censorship of students is protected in public school settings as well as provides a personal reflection on how such matters can impact my future as a school administrator.

Although the First Amendment is not that vague, schools have struggled to define what its limits are for the past 40 years. One may argue that a student’s Freedom of Speech should not be limited because of our First Amendment rights, the fact that so many schools struggle to define their limits and that they all have different limits, also, limiting a student’s Freedom of Speech brings totalitarianism to schools.

As the First Amendment protects the freedom of speech to all Americans, there needs to be some sort of limit on when students go overboard. There are many different types of speech in which it can cause disruptions in the classroom when teachers and students state their own opinions that don’t always go with what the others agree with. Things such as the place of where they speak these things are affective to whether their claims are legal or illegal on any school campus. When students cause a disruption, even across the street from a school supervised event while promoting illegal drug use like Joseph Frederick did, it needs to be stopped as soon as possible whether it goes against the freedom of a student's speech or not.

In the pursuit of education, students strive to learn and develop their understanding of the world that surrounds them. Accordingly, it is the responsibility of the school administration to provide the means to that end. Yet, there is a polarized divide among schools and their interpretation of freedom of speech. This occurrence is experienced primarily at the university level but can be seen at all levels of education. At the epicenter of this dispute is the notion of censorship, specifically whether or not it is feasible to restrict what can and cannot be said by faculty and students alike. Advocates of freedom of speech assert that censorship violates our First Amendment right, a liberty that is inalienable. Proponents also argue that

In the well-known case of of Tinker Verses Des Moines Independent Community School District, the Supreme Court remarked, “it can hardly be argued that either students or teachers shed their constitutional rights to freedom of speech or expression at the schoolhouse gate.” While shedding your thoughts and freedom of speech or expression at “the schoolhouse gate” can be difficult, the district did have the right to not renew the teacher’s contract. I think that it is important to keep my mind what the judge stated in the facts above, “teachers … do not have a right under the First Amendment to express their opinions with their students during the instructional period.” The teacher gave her opinion and an idea of her political view by stating

First, Americans are not free to express their opinions fully. Two students passed out copies of the U.S. Constitution and were told that it was not allowed on the campus grounds. The article states, “Two students are suing a Hawaii university after they said they were told in January they could not pass out copies of the Constitution to fellow students, in a lawsuit accusing the school of violating their First Amendment rights to free speech” (McManus 1). These students sued the Hawaii University because their First Amendment right was being violated wrongfully.

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.

As an educator, it is extremely important to know educational policies. On top of the knowledge, it is also imperative to respect the rights granted to students in the democratic society. Attached above is an article, published by the first amendment center, regarding how the first amendment is employed within public schools. The first topic in the article is titled speaking out in school. Here I learned that the school cannot limit the student’s freedom of speech, unless it is hindering the environment to learn, and even then, there is a lot of grey area. Here the school must be able to provide substantial evidence that the student’s writing, speech, or expression would cause great disruption. This also ties directly into school dress code and uniforms required by the school corporation. Students, in many