Freedom Of Speech

Freedom of Speech and 1st Amendment Rights

“Restrictions of free thought and free speech is the most dangerous of all subversions. It is the one unAmerican act that could most easily defeat us.” – William O. Douglas

Overview  Freedom of speech definition  Brainstorming activity  Student speech  Student first amendment rights  Student newspaper rights  Brainstorming 2  Sexual harassment  Brainstorming 3  Records and student privacy

Freedom of Speech  The right to say what we want, where we want, to speak freely without censorship or limitations.  Despite the constitutional guarantee of free speech in the United States, legal systems have not treated freedom of speech as absolute. Among the more obvious restrictions on the freedom to say just what one likes where one likes are laws regulating incitement, sedition, defamation, slander and libel, blasphemy, the expression of racial hatred, and conspiracy.

Brainstorming #1 How can limiting freedom of speech affect students? Have your first amendment rights been violated in the past? If so, what was the situation?

Restricting Student Speech Tinker v. Des Moines Independent Community School District (1969) – students were suspended for wearing antiwar armbands. The Supreme court ruled in their favor stating the students were wearing the black armbands as a form of symbolic speech in protest of the Vietnam War. The key point was that the student’s actions were non disruptive, so it was allowed.

Students’ First Amendment Rights  First Amendment Schools encourage students to speak with both passion and respect. Schools must not only give their students a voice; they must teach them how to use their voices responsibly. A school community that values the voices of its students gives its young people the tools they need to develop informed opinions and respect the rights of others.

School Newspaper and Freedom of the Press  School newspapers have been an arena for struggles over freedom of speech and freedom of the press.  A school may challenge a newspaper article if it is inadequately researched, biased, prejudiced, vulgar or profane, or unsuitable for immature audience and not interfere with the freedom of the press.  A school need not tolerate student speech that is inconsistent with its basic educational mission.

Brainstorming #2 What student newspaper article subjects would you find appropriate. What subjects are inappropriate?

Sexual Harassment  Unwanted and unwelcome sexual behavior which interferes with your life.  Many schools have sexual harassment policies, however studies revealed neither boys nor girls are likely to report actually incidents for fear of being labeled a “snitch”  All students have the right to attend schools whose environment are free from sexual harassment. As a teacher, you cannot ignore

Brainstorming #3 What are different types of sexual harassment? What would you do if you saw sexual harassment occurring in your classroom?

Records and Students’ Right to Privacy  The U.S. Congress passed the Family Educational Rights and Privacy Act in 1974.  Also known as the Buckley amendment, it outlines who may and who many not see a student's record and under what condition. The amendment states that federal funds will be denied to a school if it prevents parents from exercising the right to inspect and review their children’s educational records.  The downside to the Buckley amendment is it does not give parent the right to see a teacher’s or an administrator’s unofficial records. For example, a teacher’s private notes about a particular student may not be inspected without a teacher’s consent.