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

·      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.

 

·      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.

 

 

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.

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. 

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.

·   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.