Freedom of Speech on Campus by Colin Coultas

Essay

colinjcoultas1108 — 2025-04-09 18:05:15 UTC

While we often associate schools with freedom for individuals to explore their education, there have been many instances in the past where both students and staff had to fight and protest for their right to free speech. These academic institutes have been the birthplace for several large and loud groups who have one goal in mind, to express their opinions and beliefs. Starting in the middle 1900's there have been several notable court cases that have impacted what students and staff were able to say both on and off campus.

To begin, there have been several cases that have been fought by students and staff about what they were able to say and express while on school grounds. Most notably in Tinker V. Des Moines, several students were wrongfully punished for expressing their views on the Vietnam War. Local and state courts agreed that the school district had given them just and fair punishment, however, the Supreme Court sided with the students. On the side of school staffing, there was also a major case when analyzing Bethel School District v. Fraser. This case involved a school staff member giving a speech in front of students that contained adult content. The school dished out a punishment that was later found to violate Fraser's First Amendment rights. While these two cases were helpful to the students, Morse v. Frederick set a guideline that students were not allowed to cross. Frederick displayed a banner that read "Bong Hits 4 Jesus." Trying to fight his suspension in the court system, local courts sided with the school district as this was seen as an attack on their policy regarding illegal drug use. While there were many breakthroughs regarding students' and staff's free speech, there were still limitations that students had to follow.

In addition, there have been several court cases regarding students' speech outside of campus. Dean v. Utica was on a major scale, as this case shows a clear infringement on students' speech in the form of silencing a newspaper. A student published a well-researched article that showed how community members living near the bus station were more prone to developing cancer because of the exhaust. After the principal tried to silence this article, the student fought and won a court case, which later proved that the principal tried to cover up the story because of "opposing views." On a more modern scale, Mahanoy v. B.L. shows how schools are not allowed to control the content that students post on social media. B.L. received a harsh punishment after school officials saw a Snapchat video where she deeply criticized the school. After taking this case to court, it was determined that this school district tried to silence the individual, depriving her of her first amendment rights. These two cases helped solidify students' rights even when they are not on campus.

Today, we have seen firsthand how the protection of students' free speech can be a powerful tool. Regarding the current war in Gaza, there have been several instances in which college students have practiced their First Amendment right and expressed their views. While this has experienced backlash in some instances, these past court cases have made these protests a possibility. In addition, the Chicago Principles is a set of rules and statements, created in 2014 and adopted by over 100 colleges, that aims to protect the rights of any individual looking to express themselves on a college campus. Without any of these previous cases and victories, students would not have the speech and expression freedoms they have today.

Works Cited

colinjcoultas1108 — 2025-04-09 18:05:28 UTC

Abdulhadi, R. (2018, March 10). 2018 how and why the israel lobby is suppressing free speech and academic freedom on college campuses. WRMEA. https://www.wrmea.org/2018-may/how-and-why-the-israel-lobby-is-suppressing-free-speech-and-academic-freedom-on-college-campuses.html

The Chicago principles. American Council of Trustees and Alumni. (2024, May 30). https://www.goacta.org/the-chicago-principles/

Facts and case summary - morse v. Frederick. United States Courts. (2007). https://www.uscourts.gov/about-federal-courts/educational-resources/educational-activities/first-amendment-activities/morse-v-frederick/facts-and-case-summary-morse-v-frederick

Herchenbach, M. (2022). Tinker Walked so Mahanoy Could Cheer: The Evolution of Student Speech Culminating in Mahanoy Area School District V. B.L. Creighton Law Review, 55(3), 359–396.

Hiestand, M. (n.d.). National Scholastic Press Association. NSPA Dean v Utica FAQ Comments. https://studentpress.org/nspa/dean-v-utica-faq/

Perry-Hazan, L. (2015). Freedom of Speech in Schools and the Right to Participation: When the First Amendment Encounters the Convention on the Rights of the Child. Brigham Young University Education & Law Journal, 2015(2), 421–452.

Stevens, J. P., Marshall, T., & Burger, W. E. (2024, July 1). Bethel School District v. Fraser. Teaching American History. https://teachingamericanhistory.org/document/bethel-school-district-v-fraser/

US Supreme Court. (1999). Tinker_v_Des_Moines_School_Dis.PDF. Google Drive. https://drive.google.com/file/d/1FrXZL8hHISzQnfOpXu-z3jKexyVPigao/view

Tinker v. Des Moines School District

colinjcoultas1108 — 2025-04-28 11:59:37 UTC

This case went through many local courts and was rejected until reviewed by the Supreme Court. 5 Students were suspended for wearing black wristbands to express their grief and views on the Vietnam War. The Supreme Court found that their punishment and suspension violated their right to freedom of speech.

Dean v. Utica FAQ

colinjcoultas1108 — 2025-04-28 12:05:16 UTC

The case focused more on speech through the usage of a public newspaper. The High School Media outlet, Arrow, wrote an article about a community member and how they developed cancer because of the school's bus policy. When published, the superintendent advised the media staff to take the story down immediately. This case showed that the superintendent wanted to do this because of an opposing viewpoint. This case allowed media outlets freedom of speech.

Bethel School District v. Fraser

colinjcoultas1108 — 2025-04-28 12:18:21 UTC

Matthew Fraser was suspended for speaking in front of a school audience of teenagers. Fraser's speech consisted of many sexual innuendos which staff members found uncomfortable. With his crime being a hit at the school's code of conduct, the courts later found that the code of conduct was too vague and Fraser was not in violation of it.

Israel and the College Campus

colinjcoultas1108 — 2025-04-28 12:39:47 UTC

In the current political climate, we are seeing how the war in Palestine is affecting how students can express their political views. While trying to express their dislike of the war, many college students and staff are being silenced by their University and Political figures.

Freedom of Speech and the Right of Participation

colinjcoultas1108 — 2025-04-28 14:05:32 UTC

This article gave terms to both freedom of speech and participation. When dealing with freedom of speech, involves someone using their voice to express their beliefs and views. Participation involves having a voice and in addition, having an audience, space, and influence. For participation, we need to protect their rights even more as they can be impactful.

Mahanoy Area School District v. B.L.

colinjcoultas1108 — 2025-04-28 15:24:16 UTC

This court ruling concluded that students are safe regarding their freedom of speech even outside of school areas. A student received a punishment for making a social media post where she criticized her school. The court ruled that this post contained pure speech even when it took place off campus and outside school hours. The court ruled that B.L.'s post did not infringe on another student's rights or disrupt the school.

The Chicago Principles 2014

colinjcoultas1108 — 2025-04-28 17:23:14 UTC

This is a modern-day example of institutes trying to protect both student's and staff's freedom of speech whether on or off campus. The Chicago principles articulate the importance of free expression as a part of the university. They allow for the widest possible range of ideas to be spoken whether people agree or disagree. These principles have been adopted or affirmed by over 100 universities nationwide

Morse v. Frederick

colinjcoultas1108 — 2025-04-28 17:33:59 UTC

This case shows a possible line that people are not allowed to cross when it comes to expression at school. Joseph Frederick was a senior in high school when he held up a banner saying "Bong Hits 4 Jesus" during a school-sponsored event. When he refused to comply with the principal's demands to remove the banner, he received a 10-day suspension. The courts sided with the principal as Frederick's banner went against a school policy that bans the advocacy and use of illegal drugs.