Life Online Public Service Announcement

My Public Service Announcement will be focused on Freedom of Expression and Student's Rights.  My audience is actually going to be the student.  I've always felt that the school system purposely hides Student Rights from students to keep them from objecting.  Although, I will admit it is easier when you can sway and mold a minor in the way you want them to behave - it is not something educators should be practicing if we want our students to become responsible and successful citizens.  I think we can actually limit outbursts and unexpected behavior on a higher level if we teach our students from the beginning on how to act out on their expressions.  I think we have a group of frustrated students that feel their voice cannot be heard or simply - no one is willing to listen.  At the end of the day - the creative minds we are seeking to create that can think at a higher level and will bring America to the cutting edge with foreign industry... we just squashed by taking away what we consider disgusting behaviors and opinions by our standards.  I think we often forget what it was like to be that student.  I don't.  I remember being that frustrated student.  And though often I think I was probably somewhat rebellious, opinionated, and my thoughts were young/immature maybe.. angry at times- there should have been a mentor there to help me develop my creativity.  Turn it into something fruitful.

Evidence

Supreme Court Decisions
I think there are enough cases across history that clearly show a violation of Freedom of Expression that went as high as the Supreme Court.  Due to this the Supreme Court has to develop a three test rule based on some of the more popular cases (First Amendment School).  In my own opinion, some of these cases go too far in censoring our students' Rights.

1. The Tinker Standard - 3 students protest the Vietnam War with black arm bands.  The school responds with a "no armband policy."  The case went all the way up to the Supreme Court in which they ruled that if student expression did not disrupt school learning, then the questioned student expression could not be banned just because the admin didn't like it.
2. The Fraiser Standard - A high school student during an assembly used vulgar terms and sexual references in nominating a classmate to school council.  The use of vulgar language was announced by the Supreme Court as prohibitive:

"the freedom to advocate unpopular and controversial views in schools and classrooms must be balanced against society’s countervailing interest in teaching students the boundaries of socially appropriate behavior."

     3.  The Hazelwood Standard - 2 students write articles on teen pregnancy and divorce, to which the Supreme Court ruled that the admin did not go too far in banning their articles.  Furthermore they stated that the school is responsible for setting a high standard.

"educators do not offend the First Amendment by exercising editorial control over the style and content of student speech in school-sponsored expressive activities so long as their actions are reasonably related to legitimate pedagogical concerns."

The problem I have with this statement, besides the obvious, is that female students have been discouraged in class for speaking about Womens' Rights when male students groan and moan about this topic.  Controversial topics such as Womens' Rights, teen pregnancy, divorce, etc… should not be stifled in the classroom. These are real world topics that students have to deal with.  If we, as educators, cannot broach these topics then what are we teaching our kids - Shame?  Silence?


Student Writing
My second piece of evidence is going to focus on the First Amendment in Schools.  The First Amendment according to FindLaw.com in a nutshell states:

First Amendment

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

At the First Amendment Schools website I found an interest piece of information:

From a legal perspective, schools can restrict student speech in the name of safety if (1) they can reasonably forecast substantial disruption under Tinker, or (2) the student expression is a true threat.

The issue around this statement is:

• How far is to far if the First Amendment can be broken in the name of school safety?
• If we want our students to write to strengthen their literacy skills, then can punishment be so severe that we expel them from school the moment they reveal emotions.  

As a parent I have to worry about this even more so.   What if my child produces a piece of work that is only a story?  What if my child produces a piece of work that is a cry for help and he or she is punished for this cry for help?  In the case of Lavine vs. Blaine School District, James Lavine wrote a poem called "Last Words" in an attempt to understand the various school shootings that have happened over the past 10 years or so.  His poem resulted in immediate emergency expulsion.  I have serious issues with this because writing is a way to work out problems that we have.  And if indeed, it was a cry for help, then as mentors why wouldn't we seek a way to help him instead of expelling him?  I cannot make sense of the course of action that was taken.

Risky Internet Behavior Involving Freedom of Speech
Where is the line drawn?  It must be fairly fine between what is considered creativity and what is threatening to school safety.  What if what is said it blunt?  The Internet is a fairly big world and hard to monitor.  In fact, the Supreme Court stated (:

...the Internet is a protected free speech zone, calling it “the most participatory form of mass speech yet developed.” But there is a wide berth between speech that is offensive, obnoxious, and insulting—all of which is protected—and speech that places the safety of others in jeopardy. 

An instance that can be noted is when a student for Pennsylvania created a website and placed a $20 ad for a hit man.  This could be considered a joke but in recent light (the past decade or so) of school shootings, I think in this case protecting the Rights of students in the school means there should have been a consequence.  I cannot tell from the source what kind of consequences resulted.  I do know that as an adult, consequences for such a joke could range from minor to severe.  I believe that we do have a responsibility to teach our students what is a joke and what could be considered harmful intent in an appropriate manor for a student - as a lessons learned.

Citations

Center for Public Education. (2006).  Free speech and public school.  Retrieved from http://www.centerforpubliceducation.org/Main-Menu/Public-education/The-law-and-its-influence-on-public-school-districts-An-overview/Free-speech-and-public-schools.html

FindLaw.com. (n.d.). First amendment - u.s. constitution; first amendment - religion and expression. Retrieved from http://constitution.findlaw.com/amendment1.html

First Amendment Schools. (n.d.). Speech. Retrieved from http://www.firstamendmentschools.org/freedoms/faq.aspx?id=12994

First Amendment Schools. (n.d.). What are the free expression rights of students in public schools under the First Amendment?  Retrieved from http://www.firstamendmentschools.org/freedoms/faq.aspx?id=12991