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I am approaching this padlet from the perspective of a classroom teacher on a secondary school campus. It may be used by educators to reflect on how a students’ first amendment rights apply to freedom of expression in a school setting.

I selected this topic because I am intrigued by the idea of a minor in a school setting expressing themselves under the protection of the first amendment. When I was in high school students were regularly told that constitutional rights did not apply at school.

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The topic of freedom of expression is important in my field of education because in secondary school students start to learn who they are individually. This often results in students wanting to get piercings and experiment with hair colors and clothing styles that are not allowed in school. Students also become more aware of the society they live in and often want to express their opinions on complex social issues and that can lead to walk outs and protests in support of various topics. Teachers need to be aware of what student actions are protected under the first amendment.

I interviewed Teddi Phillips. She is a teacher for Grape Creek ISD certified in EC-6.

The topic of personal expression regular comes up in Mrs. Phillips’ classroom when students feel like they are standing up for themselves against the teacher or against school policy. Common examples include grooming standards, gender bias, and piercings.

The legal requirements or compliance issues that Mrs. Phillips regularly monitors are threats and bullying. Students often think that they are free to express themselves in a negative way at the expense of others. This can result in consequences for the student and the teacher.

Mrs. Phillips has not written or revised rules related to this issue other than her classroom rules that require students to speak respectfully and follow the dress code. Additionally, the student code of conduct requires students to dress, speak and act in a way that is respectful to others. Students may feel that this encroaches on their right to self-expression but it does not.

Court cases and their decisions do impact Mrs. Phillips’ work in the sense that court cases effect state policy. State policies effect district policy, which in turn effects campus policy.

The employee rights that relate to this issue regard social media. Mrs. Phillips said it effects how teachers post on social media since that can affect a teacher’s career.

One situation Mrs. Phillips regularly encounters that is related to this issue is dress code. Students wish to express themselves with their clothing selection but occasionally she is faced with the task of explaining to the student that at school they do not have the right to dress, die their hair, or wear piercings as they please.

The recent training that Mrs. Phillips attended on this topic was on mask mandate compliance on campus. Many students, with support from their parents, feel that they should not be required to wear a mask and she must convince them to do so.

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National Coalition Against Censorship

https://ncac.org/resource/first-amendment-in-schools

The NCAC is informative on the topic of freedom of expression because it focuses on first amendment rights in education. The mission of the NCAC is to:

"...be a first responder to            protect (the first amendment), which is both a fundamental human right and a keystone of democracy in the ever-changing American nation. We promote freedom of thought and inquiry and oppose censorship. When controversy occurs, we encourage and facilitate dialogue between divergent voices and perspectives, including those that have historically been silenced" (2021).

Reference

NCAC. 2021. What we do. Retrieved from https://ncac.org/project/what-we-do

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https://www.insidehighered.com/news/2020/06/23/first-amendment-response-first-response-racism-campus

·       According to Anderson, students want to see students who engage in hate speech online punished but often times that speech is protected by the first amendment. (2020)

·       Many students do not realize that the first amendment protects all speech, and that includes hate speech (Anderson, 2020)

·       Due to first amendment rights, school administration is often limited in what they can do to punish students who use hate speech (Anderson, 2020).

·       One possible solution for hate speech is for other students to publicly shame offending students on social media.

Anderson, G. (2020). The 'First Amendment response' as the first response to racism on campus. Retrieved from https://www.insidehighered.com/news/2020/06/23/first-amendment-response-first-response-racism-campus.

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https://www.edweek.org/policy-politics/how-a-cheerleaders-snapchat-profanity-could-shape-the-limits-of-students-free-speech/2021/04

·       A high school freshman used snapchat off campus to profanely vent about not making the varsity cheerleading squad (Walsh, 2020).

·       She was disciplined and was suspended from the cheer squad for a year (Walsh, 2020).

·       Her parents sued the district since she had not been on campus when she shared the snapchat (Walsh, 2020).

·       The case may be heard at Federal Supreme Court to determine if her first amendment rights had been violated (Walsh, 2020).

Walsh, M. (2021). How a Cheerleader's Snapchat Profanity Could Shape the Limits of Students' Free Speech. Education Week. https://www.edweek.org/policy-politics/how-a-cheerleaders-snapchat-profanity-could-shape-the-limits-of-students-free-speech/2021/04.

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Federal Constitutional Law
https://constitution.congress.gov/constitution/amendment-1/

The first amendment to the United States Constitution:

·       Congress shall make no law…abridging the freedom of speech (U.S. Const. Amend. 1).

·       Freedom of speech is not absolute.

·       Speech not protected by the first amendment include libel, slander, obscenity and incitement.

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State Constitutional Law
https://statutes.capitol.texas.gov/Docs/CN/htm/CN.1.htm

The Texas Constitution Bill of Rights provides freedom of speech:

·       Every person is at liberty to speak, write, or publish opinions on any subject

·       Individuals who abuse the privilege will be held responsible

·       No law may be passed curtailing free speech

Texas. Const. Art. I § 8

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Although students have some rights to free speech and freedom of expression as provided by the Texas and U.S. Constitutions, chapter 37 of the Texas education code specifies certain limits.

·       Bullying will not be tolerated and can result in suspension and expulsion

·       Verbal Harassment will result in disciplinary action.

Texas. Edu. Code title 2 subtitle g chap.37

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Federal judicial law

Tinker v. Des Moines Independent Community School District

·       Three students wore black armbands to school to express protest the Vietnam war.

·       The Supreme Court found that the school district had violated the first amendment rights of the students.

·       School officials must not censor student expression unless it is likely to result in a substantial school disruption.

TINKER V. DES MOINES SCHOOL DIST., 393 US 503 (1969)

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Although students have some rights to free speech and freedom of expression as provided by the Texas and U.S. Constitutions, San Angelo ISD student code of conduct restricts many behaviors.

·       Name calling, racial slurs and ethnic slurs that disrupt the learning environment is considered prohibited conduct.

·       Harassment toward another student or district employee, including race, color, religion, disability, sex, gender, or age, is prohibited.

·       Inappropriate verbal or written contact with another student or district employee is prohibited.

Gallegos, W, Russo, T, and Kyle, P.C. 2020. Student Code of Conduct. Retrieved from https://resources.finalsite.net/images/v1597349129/saisdorg/hbqmeug9tnocnrf1nm9i/StudentCodeofConduct2020-2021.pdf

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The Texas educator code of conduct, standard 3.2, says that an educator shall not intentionally, knowingly, or recklessly treat a student or minor in a manner that adversely affects or endangers the learning, physical health, mental health, or safety of the student or minor.

In the interest of supporting a student’s first amendment rights, I must be careful how much I allow a student to say. Name calling, racial slurs and ethnic slurs would be an example of my allowing conduct that adversely effects the learning and mental health of my student. I could face negative consequences from the school or school board due to a violation of standards 1.1 and 1.7 of section 247.2. (19Tex. Admin. Code 19 §247.2)

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Slide #12 Personal Connection to Legal and Ethical standards.

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Slide #12 Personal Connection to Legal and Ethical standards.

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When I was in secondary school, my teachers denied that students had any right to freedom of speech. As a teacher I want to do better for my students. I strive to have a classroom where students can share opinions and learn from each other. My students should feel empowered to use their first amendment right to express themselves, but I have to be careful to not allow a student to share things that are oppressive to his or her classmates. There are laws and ethical standards that, if I violate, may result in disciplinary action or loss of employment.

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·       Supportive Learning Environment

·       SEL where everyone feels welcome

·       Stress non-judgement for differing viewpoints

·       Enforce school rules such as dress code

·       Give students choice of topic to right about so that they feel heard

·       Encourage students to stand up for what they believe in