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Freedom of Speech in Schools May Not Be as Constitutional as Previously Thought.

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Freedom of speech in schools has recently come under scrutiny as a result of cases that have found their way to the Supreme Court.

According to the Courts in the case of Tinker vs. Des Moines students do not give up their constitutional rights when they go through the school doors, however authority figures do have the right to restrict speech in a manner that protects other students.

General, speech by students must be balanced in a manner that works with the educational objectives, the schools ideology, and protects all students according to the First Amendment.

When it comes to free speech in high schools Tinker vs. Des Moines is one of the most publicized court cases ever.

Students protested the Vietnam War by wearing black armbands to high school, and the schools attempted to put a stop to it.

The courts deemed that this was fundamentally the same as pure speech and that school administration could only prohibit it if they could prove there was a significant reduction of the school’s mission statement.

The free speech of students comes under scrutiny almost daily, and some students that are determined to see their rights protected will go the extra mile, and challenge the school administrations ruling in the Supreme Court.

While they may not get the answer they want, many times they do, and regardless of the outcome they have exercised their rights under the First Amendment.

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Schools VS. Students

A journalism student at the University of Missouri was expelled because of the distribution of a controversial pamphlet, which included a cartoon that depicted the raping the campus Statue of Liberty, as well as some heavy swearing.

However, the court determined that expelling Papish violated His First Amendment rights.

In the case of Bethel vs. Fraser the court ruled in favour of school administrators saying that the students First Amendment rights where not violated, stating the school had the right to discipline the student who chose to present a campaign speech filled with sexual innuendo.

So why does the freedom of speech in schools have such a broad spectrum of acceptability or non-acceptability?

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Should Free Speech Rights Changes According to Grade?

How do we set rules within the school that conform to the First Amendment?

How can freedom of speech in schools protect the rights of individual’s free speech, while protecting the rights of the many against speech that is deemed offensive?

Does ensuring the speech rights of students become more important as they become older and should their rights increase according to age and the grade they are in?

Or should all students have the same rights regardless of age or grade?

Shouldn’t university students have the right to free speech in a manner that may be unacceptable in elementary school, and result in suspension in high schools?

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Consider who Should Have the Power to Control Free Speech

Ponder this – what is offensive to one may not be offensive to another and while you find what I say offensive, I too may find what you say offensive.

So who is wrong, and how much power do you want school administrators to execute when it comes to freedom of speech in schools and your children? 

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