Freedom of Speech in school is more focused on students than it is on teachers. This freedom under the First Amendment applies to all public institutions, with private schools being exempt because they are not tax supported and not publicly owned and operated. Students in public institutions are systematically protected to have freedom of expression. The first landmark case that showed students rights to freedom of expression happened in 1960's when three students "defied a school board ban on protest activities by wearing black armbands to classes to show their opposition to the Vietnam war (Tedford)". The students were suspended, and went on to sue the federal court under violation of First Amendment rights. The lower courts agreed with the suspensions, so they took it to the Supreme Court who ruled in favor of the three teens and their right to Freedom of Expression.
It is safe to say that a lot of students in public schools, especially high schools do not understand their rights. Public schools do a good job of curving a students rights under the First Amendment. Looking at an exact example of this is the case of Easton Area School District v. B.H. case. "It involved two students in Easton, PA, who were suspended for wearing pink, breast-cancer-awareness bracelets that carried the “boobies” message. The district argued that the bracelets, with their intentionally attention-grabbing message, threatened school“decorum” and “the civility of discussion in the classroom (McCluskey)". In the appeals court, they ruled in favor of the teens and that punishing them would be violation of their rights. The supreme court stated that schools must put a limit on schools rights for freedom of speech and to "draw a line".
What do you think about this? Do schools have a right to draw a line? It is very much our First Amendment right to Freedom of Speech, so we can express whatever we feel most passionate about without fear of suspension. I do agree, there are some things that people do express that aren't for a greater cause or benefit of anyone else, but at the same time we can't cap what is considered acceptable free speech and what isn't. At the end of the day, we need to know our rights and practice what our country was founded upon.
Neal McCluskey This article appeared in the Daily Caller on April 4, 2014. “Public Schools Can't Help but Curb Freedom of Expression.” Cato Institute, 4 Apr. 2014,
www.cato.org/publications/commentary/public-schools-cant-help-curb-freedom-expression.
Tedford, Thomas L., and Dale Herbeck. Freedom of Speech in the United States. Strata Publishing, Inc., 2017
It is safe to say that a lot of students in public schools, especially high schools do not understand their rights. Public schools do a good job of curving a students rights under the First Amendment. Looking at an exact example of this is the case of Easton Area School District v. B.H. case. "It involved two students in Easton, PA, who were suspended for wearing pink, breast-cancer-awareness bracelets that carried the “boobies” message. The district argued that the bracelets, with their intentionally attention-grabbing message, threatened school“decorum” and “the civility of discussion in the classroom (McCluskey)". In the appeals court, they ruled in favor of the teens and that punishing them would be violation of their rights. The supreme court stated that schools must put a limit on schools rights for freedom of speech and to "draw a line".
What do you think about this? Do schools have a right to draw a line? It is very much our First Amendment right to Freedom of Speech, so we can express whatever we feel most passionate about without fear of suspension. I do agree, there are some things that people do express that aren't for a greater cause or benefit of anyone else, but at the same time we can't cap what is considered acceptable free speech and what isn't. At the end of the day, we need to know our rights and practice what our country was founded upon.
Neal McCluskey This article appeared in the Daily Caller on April 4, 2014. “Public Schools Can't Help but Curb Freedom of Expression.” Cato Institute, 4 Apr. 2014,
www.cato.org/publications/commentary/public-schools-cant-help-curb-freedom-expression.
Tedford, Thomas L., and Dale Herbeck. Freedom of Speech in the United States. Strata Publishing, Inc., 2017
I believe that schools have the right to enforce policies that control certain expressions and behaviors in order to foster a safe, respectful learning environment. I agree with you that schools, especially high schools, often over step this boundary and take advantage of the students because they do not fully understand their First Amendment rights. However I also believe that it is partially the parents responsibility to understand how school policies interact with First Amendment rights. Instead of recognizing a violation of rights, parents often are upset at the fact their child was suspended rather than fully examining the circumstance. High schools must keep in mind that they are a public institution, rather than a day care, and understand that although they may consider some expressions inappropriate or unruly - these expressions cannot be punished at the expense of the First Amendment rights of a student.
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