The Importance Of A Democratic Classroom For Students

Dress codes violate the first amendment. Students should have the ability to express themselves as it is their right to do so, but schools are prohibiting them from being able to express themselves. In the article Are Student Dress Codes a Violation of Civil Rights, Yates Kimberly claims, “If a school district can show that political

[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

School boards often do not adequately justify their reasons for denying High School Students their first amendment rights. Usually, the

High school is a vital time in a child’s life to discover who they are as an individual; expressing themselves through clothes is part of this process. If a student is required to wear a uniform everyday, that would create a lack of self expression. The First Amendment states that every human being in the United States is entitled to express themselves (Anderson). When students are forced to wear

Des Moines is an important case for free speech in the United States. It affirms that students don’t lose their rights when they go to school. However, it also affirmed that schools can limit speech that “materially disrupts classwork or involves substantial disorder or invasion of the rights of others” (Tinker v. Des Moines, 1969). However, the Court has ruled that there are times that the school can limit speech. In 1986, the Supreme Court ruled in Bethel v. Fraser that students can be disciplined for using vulgar and offensive language in school (Gooden, Eckes, Mead, McNeal, & Torres, 2013, p. 25). This case differed from Tinker v. Des Moines because that case was about political speech or expression. Another example of where school can limit the First Amendment is school sponsored newspapers. This was affirmed by the Court in Hazelwood v. Kuhlmeier (1988). That decision stated that schools can reasonably limit the content of school-sponsored newspapers (Gooden, Eckes, Mead, McNeal, & Torres, 2013, p.

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

A troubling issue for schools now is how to deal with the issue of homosexuality. The struggle for gay rights often causes heated opposition, particularly on moral grounds from members of religious groups. (Essex, 2005, p. 43) Schools have an obligation to maintain a peaceful environment free of significant disruption, while supporting students' rights of free speech. Schools should ". . . create an environment that is characterized by respect for individual views and divergent forms of expression within reasonable limits. The challenge seems to involve achieving a reasonable balance between an orderly educational environment and respect for the free speech rights of students. Precisely, where do they draw the line?" (Essex, 2005, p. 44)

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

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.

Schools have very different policy's when it comes to what the 1st amendment says. 2 cases are proof of this, Tinker vs Des Moines is a case where a simple armband protesting the Vietnam war which shouldn’t be an issue gets into the supreme court. This is because schools can enforce things that are a distracting or disruptive to school activity. A similar case to this is Bethel school district vs Fraser is a case where freedom of speech of a student gets taken away from him. This is due to the fact the student was making sexual remarks in a school speech which the principle deemed inappropriate for some students. Both cases directly relate to the first amendment with Tinker vs Des Moines being freedom of expression and Fraser being freedom of speech. Tinkers case is the best

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.

“The mere fact that I exist, means that I deserve to be here and to express myself any damn way I please.” said Euphoria Godsent when talking about the First Amendment. On December 15, 1791, our founding fathers accepted the First Amendment as a part of the constitution. Today, people twist the meaning of the First Amendment to form loopholes in situations, with one of the most guilty being public schools. Most kids go to school from a young age until they transition into adulthood where they also become their own boss, unlike their childhood. Teachers enforce a dress code telling the students what the school allows and denies students the right to wear, which acts as a great example of this. For the most part, students despise the dress code, for a plethora good reasons.What students decide to wear to school acts as a form of symbolic speech, which the First Amendment covers. However, schools claim that the teachers formed the dress code for the benefit of the students. So in the battle between teacher and student, everyone asks whether or not dress codes violate the student's First Amendment. Schools should get rid of dress codes because the way student's dress is a way to express themselves, dress codes can psychologically hurt students, and they violate the student's’ First Amendment.

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. The guaranteed American entitlement to speak or engage in expressive activity. Some states have passed laws empowering school boards to regulate student dress. For instance, Tennessee has a law allowing school boards to pass