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Slide 1: Profession Perspective, Audience, and Topic:

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Slide 1: Profession Perspective, Audience, and Topic:

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The topic of freedom of expression can be sensitive when schools is brought into the equation. I believe that it is crucial to discuss this matter when planning and implementing school systems and guidance programs that will work to ensure healthy development of students. As a future counselor, it is important to inform all staff members including administrators, teachers, instructional assistants, etc. about the importance of allowing students to express themselves with structured guidelines. This legal guide will guide all school staff in the issue of what to allow in their freedom of expression rights. I chose this topic because this is a growing matter in many schools as we have seen a larger number of tragedies around the nation. Students want to feel like they have a say in what is happening on their campuses. They should be allowed to exercise these rights as it supports independence and development as they grow into successful adults.

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This particular legal guide regarding freedom of expression is important in guidance and counseling, because it promotes the development of independence, communication, and ability to form opinions and express them in a responsible manner. All of these are characteristics that will only aid their growth into successful adults that can successfully function on our society.  As counselors, it is our duty to recognize this trait and foster the development of it as students desire to express their ideas, opinions, and thoughts as they mature. While we want to promote independence, critical thinking, and problem solving within our student populations, we must ensure that we implement proper guidelines.

An issue that may emerge when dealing with freedom of expression amongst students is the idea of allowing them to exercise their rights in a way that does not disrupt the learning environment. Additionally, with guidelines set for safety purposes, students can easily feel like their rights are being taken from them or limited. As educators, we want to encourage students to grow into these roles and take risks as they develop into responsible young adults. To keep both parties (students and educators) satisfied with this sensitive topic it is necessary to follow ethical guidelines and limits set forth to ensure students safety while still allowing them to flourish

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The National Coalition Against Censorship is an organization that assists teachers, administrators, and counselors in opposing the amount of censorship in schools to promote freedom of thought and expression amongst their students. This resource extensively outlines the first amendment and the role it can play in schools ranging from curriculum to assembly. It explains what limiting the content and roles students engage in can cause and why it is so important to allow students to express their thoughts and opinions from a young age.

The First Amendment in Schools. (2020). Retrieved from https://ncac.org/resource/first-amendment-in-schools

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Freedom of Expression can be blocked by administrators.

·      Courts have upheld decisions to ban shirts with offensive sayings in schools without being accused of denying first amendment rights.

·      The speech or expression must be deemed as a substantial distraction to the learning environment to warrant a ban.

·      Vulgar speech or expression on clothing is considered a disruption to the school environment.

·      The article discusses the consideration of previous court cases regarding this issue including: Tinker v. Des Moines Independent Community School District (393 U.S 503 (1969), Bethel School District V. Fraser (47 U.S. 675 (1986), and Hazelwood School District V. Kuhlmeier (484 U.S. 260 (1988).

Underwood, J. (2016). Modern student speech and T-shirt jurisprudence: the law regarding students’ freedom of expression at school still gives administrators broad authority to block offensive messages. Phi Delta Kappan, 8.

https://easydb.angelo.edu/login?url=http://search.ebscohost.com/login.aspx?direct=true&db=edsggo&AN=edsgcl.458871067&site=eds-live

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Loss of Freedom of Thought and Expression Threatens Schools:

·      Limiting the expression of students can limit their potential to think independently and critically as they mature, which opposes the ultimate goals of educators.

·      Teaching students how to argue for differing views is crucial in their psychological development.

·      Educators should not allow their voices to be limited or censored as it will potentially teach students the opposite of what previous educational visions have sought after.

·      Freedom of thought and expression is necessary to keep our education system aligned with our countries democracy.

Berkowicz, J., & Myers, A. (2017). Loss of freedom of thought and expression threatens schools. Education Week.

https://blogs.edweek.org/edweek/leadership_360/2017/12/loss_of_freedom_of_thought_and_expression_threatens_schools.html

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Federal Constitutional Law (U.S. Const. amend I). https://constitution.congress.gov/constitution/amendment-1/

The law states that Congress shall not make a law to prohibit freedom of speech of citizens. The laws shall not limit freedom of expression or of the press, even in students. However, what is designated as freedom of speech or expression shall not put others in danger (threaten) in any way. In schools, it may be monitored and censored for safety purposes.

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Texas State Law (Tex. Const. art. 1, §8). https://tlc.texas.gov/docs/legref/TxConst.pdf
In the state of Texas, every person has the liberty to speak, write or publish his opinions on any subject. This is known as freedom of the press.  The state shall now make any laws to limit freedom of the press.Freedom of the press shall not threaten or put others in danger.

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Tinker Vs. Des Moines Independent School District (393 U.S. 503 (1969))

https://www.uscourts.gov/about-federal-courts/educational-resources/supreme-court-landmarks/tinker-v-des-moines-podcast

The Supreme Court ruling allows for schools to intervene on protests, speech, and expression if it impacts the safety or learning environment on a campus. Discretion is up to school leaders to determine if students are at risk.To allow exercise of this fundamental rights, campuses can have gathering spaces. Students may be allowed to gather in this designated area to prevent disruption of learning environment or safety issues on the campus.

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Hazelwood School District Vs. Kuhlmeier (484 U.S. 260 (1988)). https://www.uscourts.gov/educational-resources/educational-activities/facts-and-case-summary-hazelwood-v-kuhlmeier
The Supreme Court ruling states that students have the right to freedom of speech and freedom of the press in educational journals and newspapers created in their schools. However, principals and administrators may intervene and omit items that are deemed inappropriate or harmful to the safety of the school. Omitted items may be determined at the school leaders discretion.

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The University of Texas at San Antonio. (2019, February 15). Student Handbook, Peaceful Public Assembly, Part II, §9.37. Retrieved from https://www.utsa.edu/hop/chapter9/9-37.html

The administrative local law for The University of San Antonio states that students are allowed to practice their fundamental rights of freedom of speech, assembly, and the press. However, the University has a right to regulate the location or time of the assembly to ensure that it does not intrude or interfere with the academic programs or activities taking place on the campus. Gathering peacefully on campus is allowed as long as there is no disruption to learning or student safety.

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One professional code of ethics that may align with this issue or scenario regarding this issue is A.1.e- Concern with students’ academic, career and social/emotional needs and encourage each student’s maximum development ( ASCA, A.1.e, 2016). This item connects well with the topic of supporting freedom of speech and expression within students because it highlights the importance of maximizing the development of students social and emotional needs. By guiding them in this often sensitive topic and allowing them to exercise rights with some limitations for safety, it is ensuring that students are developing their own ideas and opinions for optimal development as they grow.

https://www.schoolcounselor.org/asca/media/asca/Ethics/EthicalStandards2016.pdf

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The site below will assist any professional in education by providing a better understanding to the limitations and rights of students in regard to freedom of speech and expression. For example, the site highlights some of the unprotected rights of expression, protected rights of expression, guidelines for students wanting to assemble, guidelines to adhere by when handling student appearance, etc. Most of these can be common issues in secondary schools as students seek to develop their independence and identity. Utilizing some of the information here will provide a great starting point as to how to guide students in their desires to exercise some of their fundamental rights.

McCarthy, Martha. (2019).Free speech and expression rights of students. Education Law.

https://usedulaw.com/302-free-speech-and-expression-rights-of-students.html

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Slide 13: Recommendations and Best Practices

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Slide 13: Recommendations and Best Practices

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·   Value students desire to express their thoughts, opinions, ideas, and style. It is their way of developing their identity and healthy strong minds.

·   Intervene when necessary, per Hazelwood School District V. Kuhlmeier. Students may not know their boundaries, allow them to try and guide or intervene if education or school safety is at risk.

·  Students do have fundamental rights to exercise freedom of speech or expression. It is important to support their ideas as they learn to think critically and independently.

·   Encourage students to express their opinions and thoughts as independent thinking is one of the ultimate goals for our education system.

·    Teach students responsibility and responsible practices that come along with exercising your rights. This can prevent any miscommunication or mishaps that may cause school leaders to intervene.

·   Students deserve a voice on their campus. Educators should always work to guide and teach students what is right and wrong when exercising rights. Utilize teachable moments, be flexible, and praise for being a leader whenever possible. We want to build students up, not tear them down.