Freedom of Speech by Marlene Adams

Freedom of Speech by Marlene Adams https://padlet.com/madams393/8pnmng4i8kvaanb0 en-us 2023-07-24 02:36:53 UTC 2023-07-24 03:37:37 UTC hello@padlet.com Slide #1 Professional Perspective/Audience/Topic madams393 https://padlet.com/madams393/8pnmng4i8kvaanb0/wish/2649936354

I work at an alternative middle school and am studying Professional School Counseling. Many of my students have had legal issues, and so it is important for me to understand all of their rights, and the rights that they may have waived upon enrollment in an alternative school. The audience of this legal guide is focused on teachers and parents, as they may not always understand what their students can and cannot say in regards to freedom of speech. It is commonly known that individuals have the right to express themselves, their religion, and their opinions due to the First Amendment. However, there are situations when this particular right is waived. For example, in the case of national security. It also should be noted that schools and private institutions have the ability to limit this right. I selected this topic because it is one that many individuals know, but do not fully comprehend how it can be applied and modified in specific situations.]]> 2023-07-24 02:38:42 UTC https://padlet.com/madams393/8pnmng4i8kvaanb0/wish/2649936354 Slide #2 Summary of Topic madams393 https://padlet.com/madams393/8pnmng4i8kvaanb0/wish/2649936984 When students know about their first amendment right, they sometimes understand it as the right to say anything they want. This can sometimes cause trouble for the student, as well as waste time and resources for other parties involved. At an alternative school, certain statements can result in longer enrollment periods which in turn can result in expulsion from the district. Threats made by students also have to be evaluated which means an investigation has to take place, taking the time of officers that have other important matters to address. In a different light, social media and politics have played a role in the perspective of adolescents. Children can now be more informed about the education they are receiving than before. This means they may feel the need to speak out if they believe there are faults with their education. This will likely be a larger issue in districts/schools that are heavily censoring and banning certain topics and materials. For example, previously if critical race theory was censored, the students did not know about it and could not comment on its censorship. However, in modern times, students may be well aware of critical race theory and realize that their school is censoring this content and feel the need to speak up about it.]]> 2023-07-24 02:39:07 UTC https://padlet.com/madams393/8pnmng4i8kvaanb0/wish/2649936984 Slide #3 Professional Association madams393 https://padlet.com/madams393/8pnmng4i8kvaanb0/wish/2649937655 In recent years, teenagers are showing increased favoring of the First Amendment. The article above provides statistical evidence that reinforces this idea. It also discusses the role that social media may play in teenager’s support for their freedom of speech.

Walker, T. (2017, February 15). Support for first amendment spikes among high school students. NEA. https://www.nea.org/advocating-for-change/new-from-nea/support-first-amendment-spikes-among-high-school-students ]]> 2023-07-24 02:40:00 UTC https://padlet.com/madams393/8pnmng4i8kvaanb0/wish/2649937655 Slide #4 Current News Article madams393 https://padlet.com/madams393/8pnmng4i8kvaanb0/wish/2649941175

The article helps to bring to light the dilemma many districts are facing when it comes to social media and enforcing district policies and student codes of conduct.

The line between protecting students from harassment/bullying and protecting their freedom of speech is blurred.

It is difficult to make policies on student safety when it comes to social media as it occurs off-campus, but can have an effect on students on campus.

So far, the supreme court has ruled in favor of the student’s first amendment right.

Overall, however, there is little guidance for schools and districts to navigate this gray area, and the decision by the supreme court was vague.

Superville, D. R. (2021, June 24). Educators look for guideposts in Supreme Court ruling on Student Free speech. Education Week. https://www.edweek.org/policy-politics/educators-look-for-guideposts-in-supreme-court-ruling-on-student-free-speech/2021/06

]]> 2023-07-24 02:44:17 UTC https://padlet.com/madams393/8pnmng4i8kvaanb0/wish/2649941175 Slide #5 Current News Article madams393 https://padlet.com/madams393/8pnmng4i8kvaanb0/wish/2649942588

While freedom of speech cannot be taken away from students, there are ways to discourage and censor certain groups.

In higher education, this can be done by cutting funding from groups that the campus does not support.

Higher education campuses are a helpful tool in maintaining charter organizations, but these charters are reliant on the campuses.

The charters are still allowed to meet as per their first amendment right, but now lack funding and credibility, which can make it difficult for the groups to continue their work.

Schools cannot directly censor students, but they can make it more difficult for them to get their message across.

Alonso, J. (2023, June 22). U of Buffalo Student Clubs lose recognition due to new rule. Inside Higher Ed | Higher Education News, Events and Jobs. https://www.insidehighered.com/news/students/free-speech/2023/06/22/u-buffalo-student-clubs-lose-recognition-due-new-rule

]]> 2023-07-24 02:46:07 UTC https://padlet.com/madams393/8pnmng4i8kvaanb0/wish/2649942588 Slide #6 Original Sources of Law: Consitutional Law madams393 https://padlet.com/madams393/8pnmng4i8kvaanb0/wish/2649943941 “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.”

The first amendment protects an individual’s right to freedom of speech. This allows individuals the right to voice their opinions without fear of prosecution. As originally written in the Bill of Rights, there were no listed exceptions to this amendment, meaning that any individual in the United States has the right to make any statement he or she wants to.

U.S. Const. amend. I.

]]> 2023-07-24 02:47:59 UTC https://padlet.com/madams393/8pnmng4i8kvaanb0/wish/2649943941 Slide #7 Original Sources of Law: Statutory Law madams393 https://padlet.com/madams393/8pnmng4i8kvaanb0/wish/2649947718 “No provider or user of an interactive computer service shall be held liable on account of any action voluntarily taken in good faith to restrict access to or availability of material that the provider or user considers to be obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable, whether or not such material is constitutionally protected”

This law shows that there are certain exceptions to freedom of speech. One of the main exceptions is that private establishments and organizations are allowed to censor content based on their own description. For example, social media sites are allowed to remove lewd comments and photos from their sites without risking violating the first amendment.

Protection for private blocking and screening of offensive material 47 U.S.C. §230(c)(1) (2018)

]]> 2023-07-24 02:52:32 UTC https://padlet.com/madams393/8pnmng4i8kvaanb0/wish/2649947718 Slide #10 Policy or Rule from a School or Institution - Administrative Law madams393 https://padlet.com/madams393/8pnmng4i8kvaanb0/wish/2649949245 “Profanity, vulgar language, and obscenity in any form, including obscene gestures and pictures (including those deemed by school personnel to be pornographic in nature), will not be tolerated. If appropriate, a Class C Misdemeanor citation will be issued in addition to any other disciplinary measures taken. “

This policy set forth by Killeen Independent School districts shows that certain aspects of the first amendment can be overruled within the school district. The policy focuses on inappropriate language and profanity, but also notes that school personnel can use personal description to make decisions on if the language in question is appropriate. Not only are the students that violate this policy held accountable within the school district, they may also be charged with a Class C Misdemeanor on the state level.

As a counselor at an alternative school, many of my students use profanity as a way of expressing their emotions. However, knowing the potential consequences of this, an effort should be in order to help students find other methods of expressing their feelings that do not have as much risk associated with them.

Killeen Independent School District. (2022). Student Code of Conduct. https://www.killeenisd.org/cms/lib/TX02205734/Centricity/Domain/7180/Student_Code_of_Conduct_English.pdf ]]> 2023-07-24 02:54:48 UTC https://padlet.com/madams393/8pnmng4i8kvaanb0/wish/2649949245 Slide #11 Ethical Principle: madams393 https://padlet.com/madams393/8pnmng4i8kvaanb0/wish/2649951609 ASCA Ethical Standards for School Counselors A.11.f

“In response to a hate or bias incident (e.g. discrimination, explicit bias, hate speech), collaborate with administrative teams to ensure safety, provide support for targeted students, facilitate effective communication, provide education, connect students to resources and promote healing and recovery within the school community. “

This principle relates to aspects of free speech that may have negative consequences and impacts on other students within the community. Students may engage in hate speech under the belief that the first amendment protects them from prosecution, however, it is part of a counselor’s responsibility to help aid those impacted by any harmful speech.

American School Counselor Association. (2022). ASCA ethical standards for school counselors. https://www.schoolcounselor.org/getmedia/44f30280-ffe8-4b41-9ad8-f15909c3d164/EthicalStandards.pdf ]]> 2023-07-24 02:58:32 UTC https://padlet.com/madams393/8pnmng4i8kvaanb0/wish/2649951609 Slide #12 Non-Law Source madams393 https://padlet.com/madams393/8pnmng4i8kvaanb0/wish/2649952770 The National Coalition Against Censorship provides a general overview of freedom of speech rights and its place in public schools. While not a legal document or policy, it does summarize and reference specific supreme court cases that are helpful when understanding first amendment rights in schools. It also discusses censorship and the parties responsible for censoring material.

Staff, N. (2021, August 17). The First Amendment in Schools. National Coalition Against Censorship. https://ncac.org/resource/first-amendment-in-schools#firstamendpublicschools

]]> 2023-07-24 03:00:07 UTC https://padlet.com/madams393/8pnmng4i8kvaanb0/wish/2649952770 Slide #13 Bulleted list of Recommendations / Best Practices for Compliance madams393 https://padlet.com/madams393/8pnmng4i8kvaanb0/wish/2649953218

Talk to your student(s) about what is and what is not protected free speech in school.

Ensure that student(s) understand that freedom of speech does not equate to freedom of consequence.

School staff: Help encourage safe protest that is constructive rather than harmful.

Teachers: Inform students that threats must be reported and then investigated, even if said jokingly.

Parents: While you and your student(s) may have the same opinions, understand that not everyone does, and that school may not be the best place for your student to discuss certain opinions.

Teach students that using your voice for what you believe is important, but that it is also important for it to be at the right place and the right time.

Help students to fully know the limitations of their first amendment rights as it applies to students in their particular school and district.

]]> 2023-07-24 03:00:42 UTC https://padlet.com/madams393/8pnmng4i8kvaanb0/wish/2649953218 Slide #8 Original Sources of Law: Statutory Law madams393 https://padlet.com/madams393/8pnmng4i8kvaanb0/wish/2649956362 “A libel is a defamation expressed in written or other graphic form that tends to blacken the memory of the dead or that tends to injure a living person's reputation and thereby expose the person to public hatred, contempt or ridicule, or financial injury or to impeach any person's honesty, integrity, virtue, or reputation or to publish the natural defects of anyone and thereby expose the person to public hatred, ridicule, or financial injury.”

Another exception to the first amendment is defamatory speech, also known as libel. Since libel has the potential to cause harm, either financial or other, to another individual, these types of defamatory statements are not protected by the first amendment.

It is common for students to make hateful posts and comments about each other on social media. While their are still minors, it is mostly seen as bullying. While still not allowed, bullying has less legal consequences as libel. However, teaching students that this type of behavior can have serious repercussions when they are older.
Liability in Tort,Civil Practice and Remedies Code, §73.001 ]]> 2023-07-24 03:05:05 UTC https://padlet.com/madams393/8pnmng4i8kvaanb0/wish/2649956362 Slide # 9 Original Source of Law: Judicial Law madams393 https://padlet.com/madams393/8pnmng4i8kvaanb0/wish/2649968932 "The Court took the position that school officials could not prohibit only on the suspicion that the speech might disrupt the learning environment. "

As a school counselor, it is part of my responsibilities to ensure that the daily learning environment is not being disrupted. It is also part of my responsibility to ensure that my students feel supported and to advocate for those will need it. In regards to this law, it is my place to determine what may be considered disruptive, and what may be students simply sticking up for themselves.

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

]]> 2023-07-24 03:28:54 UTC https://padlet.com/madams393/8pnmng4i8kvaanb0/wish/2649968932