https://padlet.com/ltaggart11/66oam7he7bv52mx6 A Legal Guide en-us 2020-11-16 23:34:49 UTC 2025-10-10 01:07:28 UTC hello@padlet.com ltaggart11 https://padlet.com/ltaggart11/66oam7he7bv52mx6/wish/929664987 My professional perspective is as a campus principal in a K-12 setting. This padlet will serve as a legal guide to help educators understand student rights as it pertains to freedom of speech and expression. Educators will know what they can and cannot do in response to students who would like to utilize this freedom.

I chose this topic because educators have a direct impact in the molding of society's future. As an educator, we are responsible for creating and designing instruction that is culturally responsive. In recent years, there are some challenging discussions taking place in our current state. Students need assistance in how to appropriately express themselves as they are emerging to formulate their own opinions. I, as administrator, must understand what the freedom of speech explicitly entails and what the legal implications are.]]> 2020-11-16 23:42:01 UTC https://padlet.com/ltaggart11/66oam7he7bv52mx6/wish/929664987 ltaggart11 https://padlet.com/ltaggart11/66oam7he7bv52mx6/wish/929686665 America is founded upon the ideas and principles of freedom. With that comes great responsibility, students must learn to express themselves in a safe and healthy way. Educators are the agents used to facilitate this process. We have the responsibility to ensure our students are effective citizens as they are the future. As the world is constantly changing, students are consistently observing and forming opinions based on these observations. Many have different social and cultural roots that impact their philosophy. It is important that educators empower students to express themselves in an appropriate manner. Educators must maintain order and control while also allowing students' voice to be heard.

For example, many students have become engaged in the Black Lives Matter (BLM) movement. This issue has many political connotations. It is important students are educated and well informed not only about the content, but what certain forms of expression are permissible and what forms have legal ramifications such as violent rioting.

]]> 2020-11-16 23:55:24 UTC https://padlet.com/ltaggart11/66oam7he7bv52mx6/wish/929686665 ltaggart11 https://padlet.com/ltaggart11/66oam7he7bv52mx6/wish/929722494 Colby M. May (2006), an attorney, wrote an article titled, "Religion's Legal Place in the Schoolhouse." This article provides educators with an insight of how to handle religious expression of students in schools. He starts by stating there is a difference in student religious expression and school personnel supporting certain religions. As such, students have certain rights that are different than campus staff members. Employees may religiously speak in private as established by the Free Exercise Clause; however, they must not speak about this in the public forum they work in such as a school, which is founded by the Establishment Clause. Schools can only prevent student religious expression if it is harassing and disruptive to the learning environment. Likewise, schools can teach about religious aspects as long as educators stick adhere to the facts and there is not utterance of encouraging and discouraging of certain religions. Educators can expound on these ideas further if students have questions as long as discussion remain academic in nature. Evolution may be taught. However, teachers must read a disclaimer before introducing the material. Students may discuss religion on campus and hand out religious materials as long as this is not deemed harassing and does not disturb the function of the school. Furthermore, campus leaders can establish preferable times in which students can perform such tasks.

May, C.M. (2006). Religions place in the schoolhouse. The School Administrator 63(9). https://www.aasa.org/SchoolAdministratorArticle.aspx?id=7730]]> 2020-11-17 00:16:58 UTC https://padlet.com/ltaggart11/66oam7he7bv52mx6/wish/929722494 ltaggart11 https://padlet.com/ltaggart11/66oam7he7bv52mx6/wish/929915911 While Dubzic (2019) presents a somewhat opinionated article, there are many facts in this piece to consider. The Federal Bureau of Investigations created a report in 2017 investigating where hate crimes occur. This report found that 10.5 percent of hate crimes occurred on school campuses. Often, free speech can falter on the lines of bullying. Many students who are vulnerable due to immigration or sexual orientation can experience bullying because of this argument of free speech. With the current political state of the nation, tensions have grown stronger and it appears there has been an increase in this type of behavior recently. Some students have used the slogan "Make America Great Again" to make certain races and genders feel unequal. This type of bullying can be considered as an Adverse Childhood Experience (ACE). This can be associated to chronic health problems exhibited later in life. Therefore, bullying can be deemed as a public health problem. Additionally, students undergoing these problems could lose hope in themselves and become disengaged in their learning. Bearing all this in mind, educators can prevent this problem through bystander intervention training and civic-based learning. Schools can promote positive school climate through instructing students in de-escalation tactics and ensuring every student participates in social clubs to create a sense of unity and community.

Dudzic, B. A. (2019). Blurring the line between free speech and harassment in schools. Peace Review, 31(1), 34–38. https://doi-org.easydb.angelo.edu/10.1080/10402659.2019.1613593]]> 2020-11-17 01:59:43 UTC https://padlet.com/ltaggart11/66oam7he7bv52mx6/wish/929915911 ltaggart11 https://padlet.com/ltaggart11/66oam7he7bv52mx6/wish/929916536 Alfonso III (2020) investigates free speech in schools in the age of Coronavirus. As many students return to school, they are beginning to voice their opinions about this pandemic. For example, a student at a high school in Dallas, Georgia took a photo of students who were not wearing masks during passing period. The student then posted this photo on Twitter upon dismissal. As a result, the student was suspended for five days. According to the campus administration, this student violated the student code of conduct regarding cell phone and social media policies during the school day as well as student privacy. Michael Hiestand with Student Press Law Center argues that since there is no privacy in a crowded hallway; therefore, there is no violation of student privacy in this scenario. Ultimately, school officials did not follow through with the suspension of this student. This situation brings about discussion about students' rights during this time. While cell phones and social media can cause a disruption during the school day, campus administrators cannot legally regulate what students post on social media after school or off the school premises. Furthermore, students should not be punished for reporting about public health concerns; rather, they should be rewarded. Heistand expounds upon this by stating while the world is everchanging in publication platforms, students should be encouraged to voice their opinions, which is essentially what America was founded upon.

Alfonso III, F. (2020). Free speech experts call on public schools to not penalize students for sharing images of maskless classmates. CNN Wire.]]> 2020-11-17 02:00:07 UTC https://padlet.com/ltaggart11/66oam7he7bv52mx6/wish/929916536 ltaggart11 https://padlet.com/ltaggart11/66oam7he7bv52mx6/wish/933319954  This law establishes freedom of speech, religion, assembly, and press. Through this, the freedom of expression is enforced. The law explicitly states that Congress shall make no law to infringe on these rights. Likewise, this includes states and local governing bodies aside from the U.S. Congress (U.S. Const. amend. I) 

U.S. Const. amend. I.]]> 2020-11-17 18:40:30 UTC https://padlet.com/ltaggart11/66oam7he7bv52mx6/wish/933319954 ltaggart11 https://padlet.com/ltaggart11/66oam7he7bv52mx6/wish/933530581  In 1965, two students, Mary Beth Tinker and Christopher Eckhardt were suspended for refusing to remove their black armbands as a means of peacefully protesting. These armbands represented opposition to the U.S. military presence in the Vietnam War. It went all the way up to the U.S. Supreme Court. By 1969, in a 7-2 decision it was concluded that schools could not stifle students’ freedom of speech unless it affected daily operations and the function of the school (Tinker v. Des Moines, 1969). 

Tinker v. Des Moines, 393 U.S. 503 (1969).

]]> 2020-11-17 19:18:15 UTC https://padlet.com/ltaggart11/66oam7he7bv52mx6/wish/933530581 ltaggart11 https://padlet.com/ltaggart11/66oam7he7bv52mx6/wish/933532666  Secondary schools receiving federal funds must provide students with an open forum with equal access and fair opportunity to meet. Schools are not allowed to discriminate on these meetings on the basis of religion, political and philosophical views, or any other criteria that is protected through freedom of speech as seen in the first amendment. These groups and clubs include but are not limited to bible studies, gay straight alliances, and secular student alliances. Again, these practices must not disrupt the learning environment and interfere with the function of schools (Equal Access Act, 1984).

Equal Access Act of 1984, 20 U.S.C. § 4071.]]> 2020-11-17 19:18:38 UTC https://padlet.com/ltaggart11/66oam7he7bv52mx6/wish/933532666 ltaggart11 https://padlet.com/ltaggart11/66oam7he7bv52mx6/wish/933536135 Tinker v. Des Moines (1965) was challenged in 1986 when a student used a sexual metaphor during a speech campaigning for a friend in the case Bethel School District v. Fraser (1986). The vice principal had granted him two days of suspension as a result. Fraser appealed this decision all the way up to the Supreme Court, where they upheld the decision of the vice principal. Since the comments were considered obscene, this speech was considered to disrupt the learning environment and school operations. This landmark decision provides educators with boundaries to guide them through situations of student free speech. Both court decisions show what is covered by the first amendment and what is not (Bethel School District No. 403 v. Fraser, 1986).

Bethel School District No. 403 v. Fraser, 478 U.S. 675 (1986).]]> 2020-11-17 19:19:18 UTC https://padlet.com/ltaggart11/66oam7he7bv52mx6/wish/933536135 ltaggart11 https://padlet.com/ltaggart11/66oam7he7bv52mx6/wish/933537371  Students in Sweetwater ISD must adhere to the Code of Conduct. This outlines the expectations of students and the disciplinary actions should students violate the code. The code chosen regarding this topic is located under mischievous offenses and serious or persistent misbehavior. These sections both state students who are engaging in actions or demonstrations that interfere with school actions are in violation of the code of conduct (Sweetwater ISD Student Code of Conduct, 2019). 

Sweetwater Independent School District. (2020, November 15). Student Code of Conduct. Retrieved from: https://www.sweetwaterisd.net/page/open/640/0/19_20%20SCOC.pdf

]]> 2020-11-17 19:19:32 UTC https://padlet.com/ltaggart11/66oam7he7bv52mx6/wish/933537371 ltaggart11 https://padlet.com/ltaggart11/66oam7he7bv52mx6/wish/933548411  Texas educators must have ethical conduct with all members of the learning community to promote academic freedom. They will do this through exemplifying integrity and good moral character through utilizing equitable treatment with all parties involved. Furthermore, they will promote students to become effective citizens. While this does not directly state that freedom of speech is protected to students, it does clearly state educators will facilitate in students becoming effective citizens. Through this, educators will foster student learning through creating and implementing instruction targeting American principles, such as freedom of speech. Teachers will ensure students are aware of appropriate practice and citizenship through these opportunities (19 TAC § 247.1). 

Educators’ Code of Ethics, 19. Tex. Admin. Code § 247.1]]> 2020-11-17 19:21:33 UTC https://padlet.com/ltaggart11/66oam7he7bv52mx6/wish/933548411 ltaggart11 https://padlet.com/ltaggart11/66oam7he7bv52mx6/wish/933550147 The Educator's Guide to Texas School Law: Ninth Edition (2014) provides insight to ensure best practice is being utilized regarding current legislation. Specific to this topic, chapter 6 addresses expression and associational rights and chapter 7 focuses on religion in school. Both chapters direct campus leaders in the first amendment rights of both students and campus personnel (Walsh et al., 2014).

Walsh, J., Maniotis, L., & Kemerer, F. (2018). The educator's guide to Texas school law: Ninth Edition. University of Texas Press: Texas.]]> 2020-11-17 19:21:52 UTC https://padlet.com/ltaggart11/66oam7he7bv52mx6/wish/933550147 ltaggart11 https://padlet.com/ltaggart11/66oam7he7bv52mx6/wish/933553205 The following recommendations would help school administrators in implementing strategic action steps regarding this topic. 

• Administrators must work diligently to update and communicate expectations and consequences regarding student free speech.
• Campus leaders should then consult the school district's education lawyer to ensure these policies adhere to federal and state legislation.
• These policies should then be enacted and published in the student handbook and codes of conduct.
• At the start of the year, administrators should develop a bystander and bullying identification professional development to ensure these free speech practices are equitable. Additionally, there should be a professional development conducted on differentiating hate speech and free speech.
• Schools should create public forums and opportunities for students to voice their opinions in a safe and healthy way.
• Prior to this, teachers should discuss principles of free speech, what is appropriate and what is inappropriate, and any legal ramifications these students may face if they conduct themselves in a tactless way.

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