Students' Freedom of Expression by Benjamin Keeling https://padlet.com/bkeeling1/nrqw9xz4c5cp88iv Benjamin Keeling's padlet for student freedom of expression (EDG6305 DM1) en-us 2021-09-18 17:04:16 UTC 2021-09-19 16:38:57 UTC hello@padlet.com Perspective, Author, and Audience bkeeling1 https://padlet.com/bkeeling1/nrqw9xz4c5cp88iv/wish/1750687933 I will be taking on the perspective of an administrator working in a primary or secondary school in rural Missouri. I am pursuing a Master's Degree in Administrative Leadership from Angelo State University. This padlet is to be used as a resource to better understand the nuances surrounding the issue of student freedom of expression. 

I chose this topic because I am not employed in the academic career field. However, I believe strongly that students are still protected by the first amendment and their constitutional rights should not be infringed. ]]> 2021-09-18 17:30:20 UTC https://padlet.com/bkeeling1/nrqw9xz4c5cp88iv/wish/1750687933 Bill Kirby bkeeling1 https://padlet.com/bkeeling1/nrqw9xz4c5cp88iv/wish/1750743310 I interviewed the principle of East Newton Middle School, Bill Kirby. https://www.eastnewton.org/cms/One.aspx?portalId=844291&pageId=930151

Principle Kirby has been working in educational administration for 29 years and has had few issues involving student freedom expression until the past four to five years. He stated that most of the freedom of expression issues that he has handled have been related to students breaking the school dress code. Principle Kirby's belief is that students should be allowed to explore their individuality as long as it does not cause disruption. He stressed that students retain their first amendment rights when on school grounds. 

Principle Kirby gave three steps on how to handle students' freedom of expression issues:

1. Maintain aware of on-going issues, court cases, and decisions involving student freedom of expression.
2. Upon encountering an issue, reference school board policy and school handbook.
3. If there is not guidance relevant to the specific issue then consider the local community's culture and how decisions would affect the school's standing in the community.

Emerging Local Issues:

Principle Kirby stated that there are not many on-going local student expression issues in rural Missouri. However, while not involving a student's expression, there was an incident at nearby Neosho High School of some relevance. A new speech and theater teacher was asked to remove an LGBT flag from his classroom. The teacher, John M. Wallis, removed the signs but then told students if they took issue with LGBT people that they should change classes. The Neosho Superintendent, Jim Cummins, had Wallis sign a letter stating that he would cease to push any personal agenda in regards to sexuality in the classroom. Wallis resigned the day after signing that letter (Yurcaba, 2021).

This story made national news which is rare for any event that happens in rural Missouri. Furthermore, Cummins's actions demonstrated Principle Kirby's advice in action.  ]]> 2021-09-18 18:30:33 UTC https://padlet.com/bkeeling1/nrqw9xz4c5cp88iv/wish/1750743310 Missouri Association of School Administrators bkeeling1 https://padlet.com/bkeeling1/nrqw9xz4c5cp88iv/wish/1750846634 The Missouri Association of School Administrators (MASA) has a fantastic presentation on student free speech. The presentation breaks down what type of speech is protected and what type of speech is not through an intuitive flow chart. The presentation, shared on the MASA website, details the importance to not restrict free speech that conveys a protected message (Basi & Clendennen, 2017).]]> 2021-09-18 20:30:48 UTC https://padlet.com/bkeeling1/nrqw9xz4c5cp88iv/wish/1750846634 bkeeling1 https://padlet.com/bkeeling1/nrqw9xz4c5cp88iv/wish/1750854655 In may of 2017, a high school student, Brandi Levy, unsuccessfully tried out for the varsity cheerleading squad. Using snapchat, a social media application, she sent a profanity filled message expressing her displeasure and disappointment while off-campus. Her school's administration eventually became aware of the video and suspended her from the junior varsity cheerleading program for a year. Levy successfully sued the school board and then the school board appealed to the U.S. Supreme Court. The U.S. Supreme Court voted in favor of Levy 8-1. They determined that her first amendment rights were more important than the school board's disdain at her profanity filled message (BBC, 2021).
 

]]> 2021-09-18 20:40:09 UTC https://padlet.com/bkeeling1/nrqw9xz4c5cp88iv/wish/1750854655 bkeeling1 https://padlet.com/bkeeling1/nrqw9xz4c5cp88iv/wish/1750862737 On Constitution Day in 2018, the New York Times collected student statements on free speech and how they view their first amendment rights. Most of the students expressed opinions that their first amendment rights were paramount. However, most of them also distinguished between free speech and hate speech. The general consensus in the collection of opinions is that speech that expresses a will for violence against people is considered hate speech and thus not protected under the first amendment. This collection demonstrates that these students of varying ages can understand nuance and solidifies the fact that their speech is not only protected, but should remain so  (New York Times, 2018). ]]> 2021-09-18 20:50:01 UTC https://padlet.com/bkeeling1/nrqw9xz4c5cp88iv/wish/1750862737 First Amendment bkeeling1 https://padlet.com/bkeeling1/nrqw9xz4c5cp88iv/wish/1751853222 The first amendment of the U.S. Constitution protects citizens' rights to free speech, press, and assembly (U.S. Const. amend. I).

However, some speech is not protected by the first amendment. Some examples include (Killion, 2019):

  • Fighting words
  • solicitation of crime 
  • true threats
  • incitement

]]> 2021-09-19 15:04:38 UTC https://padlet.com/bkeeling1/nrqw9xz4c5cp88iv/wish/1751853222 Campus Free Expression Act bkeeling1 https://padlet.com/bkeeling1/nrqw9xz4c5cp88iv/wish/1751886658 In 2015, the Missouri legislature passed a law to reaffirm students' rights to freedom of expression on campus but to also identify collegiate campuses as a place of public forum (Campus Free Expression Act, 2015). 

Some requirements include:

  • Must not be used for commercial purposes
  • Must not disrupt the institution's function
  • Must not engage in unlawful activity
]]> 2021-09-19 15:24:33 UTC https://padlet.com/bkeeling1/nrqw9xz4c5cp88iv/wish/1751886658 Tinker vs. Des Moines Independent Community School District bkeeling1 https://padlet.com/bkeeling1/nrqw9xz4c5cp88iv/wish/1751925761 In 1968, the U.S. Supreme Court heard arguments on whether or not students on campus retained their first amendment rights. The Supreme Court ruled, in a 7-2 decision, that students did in fact retain their Constitutional rights while attending school on campus (Tinker v. Des Moines, 1969). 

To be protected the speech must not:

  • cause significant disruption
  • be unprotected speech
]]> 2021-09-19 15:48:17 UTC https://padlet.com/bkeeling1/nrqw9xz4c5cp88iv/wish/1751925761 Constitutional rights, freedom of inquiry, and Federal statutes and regulations on nondiscrimination. bkeeling1 https://padlet.com/bkeeling1/nrqw9xz4c5cp88iv/wish/1751954183 Educational institutions that receive federal grants, whether private or public, must protect the constitutional rights of their students (34 CFR § 75.500).

Requirements:

  • Must protect outlined categories
  • Must alert the U.S. Department of Education to court rulings when accused in court of not protecting outlined categories

]]> 2021-09-19 16:06:26 UTC https://padlet.com/bkeeling1/nrqw9xz4c5cp88iv/wish/1751954183 bkeeling1 https://padlet.com/bkeeling1/nrqw9xz4c5cp88iv/wish/1751960745 East Newton's Student Handbook outlines what type of speech will be punished and how the school will discipline the student. It also states that the school will not infringe protected speech (East Newton Grades K-8 Student Handbook, 2021). ]]> 2021-09-19 16:10:48 UTC https://padlet.com/bkeeling1/nrqw9xz4c5cp88iv/wish/1751960745 Ethics bkeeling1 https://padlet.com/bkeeling1/nrqw9xz4c5cp88iv/wish/1751978519 The Missouri Association of School Administrators organization ethics code demands that members follow all federal, state, and local laws. It also demands that members make their students' well-being and education their top priority (Code of Ethics for Administrators, 2009). This is relevant to the topic because both state and federal legislation has protected students' freedom of speech. Furthermore, it is imperative that administrators not admonish their students for their protected speech and instead encourage them to use their right to it. Doing so will develop students' critical thinking, debate skills, as well as debate decorum.


]]> 2021-09-19 16:22:22 UTC https://padlet.com/bkeeling1/nrqw9xz4c5cp88iv/wish/1751978519 bkeeling1 https://padlet.com/bkeeling1/nrqw9xz4c5cp88iv/wish/1751983163 Basi, M., & Clendennen, A. (2017, November 13). FROM BLACK ARMBANDS TO RED BALL CAPS: NAVIGATING STUDENT SPEECH IN POLITICALLY CHARGED TIMES. Missouri Association of School Administrators. 

BBC. (2021, June 23). US cheerleader wins free speech case against her former school. BBC News. Retrieved September 18, 2021, from https://www.bbc.com/news/world-us-canada-57570470. 

Campus Free Expression Act, Mo. Rev. Stat. § 173.155 (2015).

CODE OF ETHICS FOR ADMINISTRATORS. Missouri Association of Secondary School Principals - Code of Ethics. (2009, June 18). Retrieved September 19, 2021, from https://moassp.org/Code_of_Ethics#:~:text=The%20school%20administrator%3A,human%20rights%20of%20all%20individuals. 

Constitutional rights, freedom of inquiry, and Federal statutes and regulations on nondiscrimination, 34 CFR § 75.500.  

East Newton R-VI. (2021). Student Handbook, Classroom Disruptive Conduct/Speech, §8. Retrieved from https://p19cdn4static.sharpschool.com/UserFiles/Servers/Server_844207/File/Students/Handbook/K-8%20Student%20Handbook%20-%202021-2022.pdf 

Killion, V. L. (2019, January 16). The First Amendment: Categories of Speech. Congressional Research Service. 

The New York Times. (2018, September 20). What students are saying about: Freedom of speech, teacher diversity and the soul of america. The New York Times. Retrieved September 18, 2021, from https://www.nytimes.com/2018/09/20/learning/what-students-are-saying-about-freedom-of-speech-teacher-diversity-and-the-soul-of-america.html. 

Tinker v. Des Moines, 393 US 503 (1969). 

U.S. Const. amend. I.

Yurcaba, J. (2021, September 10). Missouri teacher resigns after school tells him to remove Pride Flag. NBCNews.com. Retrieved September 18, 2021, from https://www.nbcnews.com/nbc-out/out-news/missouri-teacher-resigns-school-tells-remove-pride-flag-rcna1959. 
]]> 2021-09-19 16:25:39 UTC https://padlet.com/bkeeling1/nrqw9xz4c5cp88iv/wish/1751983163 Benjamin Keeling's Connection bkeeling1 https://padlet.com/bkeeling1/nrqw9xz4c5cp88iv/wish/1751993044 Researching for this project gave me a much greater understanding of the nuance that surrounds students' freedom of speech. It is important to note that courts typically rule on the side of the students' constitutional rights. However, they have placed slightly more requirements for it being protected speech. Specifically they have placed emphasis on that the speech shall not disrupt their educational institution's function. 

I feel that these rights helped me develop through my educational journey. I have always been strongly opinionated on political matters and more specifically foreign policy. Throughout my time in primary and secondary schools I would seek to have conversations on those topics. My teachers and administrators never sought to stop me from making statements or arguments. They did however help me be more understanding of opposing views and teach me on how to better deliver arguments. They also stressed the importance of remaining tactful. ]]> 2021-09-19 16:31:46 UTC https://padlet.com/bkeeling1/nrqw9xz4c5cp88iv/wish/1751993044 Recommendations bkeeling1 https://padlet.com/bkeeling1/nrqw9xz4c5cp88iv/wish/1752003401
  • Be familiar with state and local laws regarding students freedom of expression

    • Remain familiar with school board policy

    • Gauge carefully whether or not the speech is disruptive to school functions

    • When presented with unruly but protected speech try to de-escalate the situation without outright preventing the speech

    • Find peace with having students who disagree with you on sensitive subjects

    • Provide constructive forums, such as a speech and debate class, for opinionated students to develop their speech skills and decorum
    ]]>     2021-09-19 16:38:57 UTC https://padlet.com/bkeeling1/nrqw9xz4c5cp88iv/wish/1752003401