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My professional perspective is a current classroom elementary teacher. I am pursuing my master’s degree in Educational Leadership and plan to become a principal. This Legal Guide Padlet is for current and future principals as a resource to refer to over the topic of student’s rights and freedom of expression in schools.

I chose this topic because not only does this topic seem relevant in schools today, but this is also a topic in which it is very important to be aware of the rights of students. Often, I believe it is easy to forget that when students step on a school campus, they are expected and required to follow school expectations and rules, but they do not lose their individual rights and they are still individuals that have their own thoughts and opinions on topics, even controversial ones.

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This legal guide is an important resource in education today because educators and educational leaders must be fully aware of free expression and speech rights of their students. While students are required to follow school policies and rules, students are still entitled to their own opinions and may choose to share those thoughts with their peers. Schools are a place where students spend a large majority of their time and where they interact with students their own age. Schools are also places where students interact with people from different backgrounds and people who may have different views from their own. Students must learn how to have meaningful, constructive discussions with those who do not share similar beliefs.

An emerging issue in the field of education today is deciding when students’ first amendment rights are completely protected and when they are not. Recently, situations of hate speech or actions have happened in schools across the country. These actions upset many and people demanded school districts address the actions and punish those involved. Many of the students claimed they were protected under the First Amendment and could express their free speech. School districts face a dilemma; they must allow free speech and guarantee protected rights, but free speech should not disrupt school activities or affect the rights of others in the school. Another emerging issue comes with the growing digital age among today's youth. Students use of social media continues to grow and with that comes the use of that platform to share their thoughts and opinions.

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Walker, T. (2017, February 16). Support for First Amendment Spikes Among High School Students. National Education Association. Retrieved from https://www.nea.org/advocating-for-change/new-from-nea/support-first-amendment-spikes-among-high-school-students

A survey conducted by the Knight Foundation shows that today’s American teenagers have a strong support for the First Amendment. The survey showed that it is important to students to be able to express their opinions, even if unpopular. This resource is important to the field of education and for educators and administrators because it shows that students are aware of their rights and they know the importance of those rights. The survey noted that students who frequently use social media reported more support for free expression rights than those who don’t. This shows that because students are exposed to many different people and opinions through social media, they are perhaps more aware of the importance of having a voice (Walker, 2017).

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Wheeler, D.R. (2014, April 7). Do Students Still Have Free Speech in School?. The Atlantic. Retrieved from https://www.theatlantic.com/education/archive/2014/04/do-students-still-have-free-speech-in-school/360266/

·      Student’s free speech is protected when they are at school, but the growing use of online platforms has complicated the protections guaranteed to individuals.

·      Advocates are concerned that students’ freedom of speech rights are being threatened.

·      Issues have arisen when students made derogatory comments against their school or school staff. Schools have punished these students for their comments made online.

·      Schools want to avoid controversy or negative attention; therefore, districts often punish those who chose to share their opinions online.

·      Schools should not try to censor or intimidate its students for sharing their experiences, thoughts, opinions, or feelings, no matter the consequences.

·      When students have a safe space to freely express themselves, they force change and improve the situations for many.

·      When schools punish students for comments made online, they are limiting the rights of their students as well as creating a harmful environment where students are reluctant to share their thoughts for fear of retaliation of the school district.
(Wheeler, 2014).

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Harris, H., Tinker, M.B. (2018, November 30). Hate speech is showing up in schools. Censorship isn’t the answer. The Washington Post. Retrieved from https://www.washingtonpost.com/nation/2018/11/30/saluting-nazis-or-kneeling-against-racism-which-students-get-first-amendment-rights/

·      Several issues recently arose surrounding free speech protections of white students compared to students of color.
·     Students of color are being punished for expressing their free speech rights, by kneeling during a game. While white students are not punished for controversial, offensive, or racist comments or actions claiming free speech protections.

·      Throughout the country, several incidents have highlighted the issue surrounding free speech protections for white students and students of color.

·      The issue of controversial actions such as hate speech is an important issue for schools as they have to walk a fine line between free speech and its intended harm of a specific group.

·      Many times, students of color and low-income students are disproportionately punished for expressing their opinions.

·      Due to systemic racism and poverty, some students experience certain privileges such as, access to express their opinions through school newspapers or journalism groups.

·      Some schools are choosing to take the controversial events surrounding free speech and using it as an opportunity to open up a dialogue.
(Harris & Tinker, 2018).

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Constitutional Law
United States Constitution Amendment I
Citation: US. Const. amend. I
Link: https://constitution.congress.gov/constitution/amendment-1/
·      The First Amendment of the U.S. Constitution grants the freedom of speech, religion and the right to peaceably assemble.
·      This amendment protects the people from laws which would prohibit the free exercise of these rights.
·      The freedoms guaranteed by this amendment forms the foundation for other laws on the state and local level (US. Const. amend. I).

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Judicial Law

Court Case: Burnside v. Byars

Citation: Burnside v. Byars, 363 F.2d 744 (5th Cir. 1966)

Link: https://law.justia.com/cases/federal/appellate-courts/F2/363/744/264045/

·      Students attending Booker T. Washington were punished and expelled when they chose to wear “freedom buttons” with the phrase “One Man One Vote” to school.

·      The principal claimed the buttons would cause a disruption to school activities and forced the students to either remove the buttons or leave campus.

·      The 5th U.S. Circuit Court of Appeals unanimously agreed that the school was infringing on the students First Amendment rights when they were forced to remove the buttons or face further consequences.

·      This court decision later became a key case for Tinker v. Des Moines School District (1969) and helped to support the fact that schools cannot limit students’ rights to freely express their opinions.
(Burnside v. Byars, 1966)

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Judicial Law

Court Case: Tinker v. Des Moines School District

Citation: Tinker v. Des Moines School District, 393 U.S. 503 (1969)

Link: https://www.loc.gov/item/usrep393503/

·      The court case Tinker v. Des Moines School District was a landmark court case when it came to acknowledging student rights and freedoms protected under the First Amendment.

·      Students at a junior high school chose to wear black armbands to school to show their protest against the Vietnam war.

·      Students who wore the armbands to school were suspended and could not return until they agreed to remove the armbands.

·      This case helped to solidify the idea that students’ rights are to be upheld and they are free to express their views and opinions when done in an orderly way.

·      The court ruled that students’ rights are protected even when on a school campus and do not simply lose these rights because they step on school grounds.

·      This landmark case guaranteed free expression rights to all public school students and set the standard that school administrators could not censor student’s free speech unless it causes a major disruption in the learning of others. (Tinker v. Des Moines School District, 1969)

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Administrative Law

Texas Administrative Code

Citation: Educators’ Code of Ethics, 19 Tex. Admin. Code § 3.4

Link: https://texreg.sos.state.tx.us/public/readtac$ext.TacPage?sl=R&app=9&p_dir=&p_rloc=&p_tloc=&p_ploc=&pg=1&p_tac=&ti=19&pt=7&ch=247&rl=2

·      Adhering to the Code of Ethics in the Texas Administrative Code, educators are not to exclude students from participating in a program, deny any students benefits, or give special advantages on the basis of race, gender, disability, nationality, religion, family status, or sexual orientation (19 T.A.C. §3.4).

·      This law requires educators to follow ethical and moral practices while maintaining professionalism and being mindful of student’s individual rights and protections.

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Local Policy

San Angelo ISD Student Handbook

Citation: San Angelo ISD. (2020-2021) San Angelo ISD Student Handbook. Retrieved from https://resources.finalsite.net/images/v1597349150/saisdorg/g3am1duqv5snuljppgcm/StudentHandbook2020-2021.pdf

Link: https://resources.finalsite.net/images/v1597349150/saisdorg/g3am1duqv5snuljppgcm/StudentHandbook2020-2021.pdf

·      Student-led and student-organized noncurricular related groups are allowed to meet during designated hours which have been set by the principal. Groups must comply with the requirements of local policy.

·      Publication, circulation, and distribution of non-school materials must first be approved by the principal.

·      Disruption of School Operations will not be tolerated such as, interference with an authorized assembly, or use of force, violence, or threats towards those participating in an authorized assembly or to cause disruption.
(San Angelo ISD Student Handbook, 2020-2021)

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Educators’ Code of Ethics, 19 Tex. Admin. Code § 3.4

https://texreg.sos.state.tx.us/public/readtac$ext.TacPage?sl=R&app=9&p_dir=&p_rloc=&p_tloc=&p_ploc=&pg=1&p_tac=&ti=19&pt=7&ch=247&rl=2

The educator shall not exclude a student from participation in a program, deny benefits to a student, or grant an advantage to a student on the basis of race, color, gender, disability, national origin, religion, family status, or sexual orientation (19 T.A.C. §3.4).

Educators must be aware that students have a right to express their opinions and that right is protected. Students should have the opportunity to participate in programs, groups, or activities that align with their thoughts and ideas. Educators may not agree with the thoughts of their students but cannot deny them access to others who have similar ideas. The exception to this would be a situation in which the opinions of students disrupts school activities or impedes on the rights of others.

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NCAC staff. (2013, July 10). The first amendment in schools. National Coalition Against Censorship. Retrieved from https://ncac.org/resource/first-amendment-in-schools

This resource covers the importance of the First Amendment in public schools and for students and teachers. The resource mentions that even though teachers and students are protected by free speech laws, actions cannot interfere with the educational mission of the school. The resource also covers the topic of censorship. Often, pressure from parents to censor controversial topics that do not align with their personal ideals or beliefs can be an issue that schools face when dealing with censorship. The resource also covers roles and responsibilities for promoting first amendments values for students in schools through appropriate materials and curricula.
(NCAC staff, 2013).

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Slide #13 Recommendations / Best Practices for Compliance

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Slide #13 Recommendations / Best Practices for Compliance

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·      Students are entitled to the rights of free speech and free expression protected under the First Amendment law.

·      Educators must be mindful that students are individuals who have their own thoughts, ideas, and opinions and should have opportunities to share those with their peers.

·      Following both federal laws and ethical codes, schools must allow students to express their free speech rights.

·      Landmark court cases emphasize the fact that students do not lose their individual rights when they step into a school.

·      Free speech laws do have some limitations in schools. Free speech cannot impede on the rights of others and cannot cause disruption to normal school activities and learning.

·      In current times, students are more aware of their free speech rights and may express their opinions and ideas both on school grounds and online.

·      Schools should be aware of any biases and have a system in place when investigating controversial free speech claims, such as hate speech. Appropriate action should be taken when free speech is claimed but impedes on the rights of others.

·      Schools must be vigilant when handling negative or controversial comments made by students, while keeping student rights in mind when handling a situation.

·      Educators and administrators should encourage the use of free speech and expression by their students to encourage a positive, constructive dialogue while fostering a safe, respectful environment between those who have both similar and different views.