Freedom of Expression on Campus by Micah Anderson https://padlet.com/mmullins11/expression A Resource Guide en-us 2021-07-18 03:25:36 UTC 2026-02-01 22:49:40 UTC hello@padlet.com #1 mmullins11 https://padlet.com/mmullins11/expression/wish/1653563106                                                         Introduction                                                                     
          This resource guide has been created through the perspective of a Professional School Counselor and is intended to be used as a guide for teachers, counselors, and administrators. 
          There are groups of traditional teachers and administrators who still want to perpetuate the idea that children have no rights until they turn 18. It is important to our students that we acknowledge, and protect, their constitutional rights. 

                                                            References

Zhang, S. (2017). Free Speech Drawing. Pepperdine University Graphic. 
          Pepperdine University. Retrieved from 
          https://pepperdine-graphic.com/wp-
          content/uploads/2017/10/Freespeechbwco-copy-960x500.jpg.
]]> 2021-07-18 03:31:02 UTC https://padlet.com/mmullins11/expression/wish/1653563106 #2 mmullins11 https://padlet.com/mmullins11/expression/wish/1653563155                                                         Interview

          I interviewed Mr. Nathan Hindman, who works at Santa Anna Secondary as the Agriculture and Mechanics teacher (as well as the College and Technology Education leader for the district). Here is a link to his teacher website: https://www.santaannaisd.net/2/olc/78

                               The Importance of Freedom of Expression
          When asked about how the issue of freedom of expression impacts his field of education, Mr. Hindman stated that any class that is focused on having students create something is directly affected by the First Amendment. Mr. Hindman teaches seven different classes pertaining to different areas of agriculture and mechanics including classes where the students have to create projects made out of wood, metal, and/or other materials. It is imperative that students feel free to express themselves and be open-minded. I have had to set guidelines for the students to ensure that they can express themselves, while also preserving a safe place for students who disagree with them.

                                                     Best Practices
1. Set guidelines that allow the student to express themselves fairly, responsibly, and in a way that won't alienate their peers or disrupt class.
2. Maintain a balanced perspective and enforce expectations equally.
3. Explain the First Amendment to the students, including the fact that rights always come with responsibilities.

                                                    Emerging Issues
In recent years, students have become more engaged and interested in the political sphere. This is a blessing and a curse because students should knowledgeable about the world, but unfortunately, they are not always taught to discern between reputable and disreputable sources. Mr. Hindman has had to set limits with students wanting to use current political slogans and imagery in their work, in order to encourage them to use their own creativity instead of regurgitating things they have seen. As some mainstream political voices have become more divisive, we must watch our students to ensure that they do not confuse freedom of expression with freedom to marginalize.

                                                         Recent Issue
Last year, Mr. Hindman had an issue with a group of students who wanted to include the slogan "Build the Wall" on one of their projects. When they were told that they could not use that slogan, the students became irate and insisted that because of free speech, they could. Mr. Hindman had to reiterate the guidelines on freedom of expression in his class and explain how some of their classmates could be hurt by their choice. The students tried to say that it was just a joke, or irony, but Mr. Hindman held his ground. The students changed their design to a more appropriate one.]]> 2021-07-18 03:31:14 UTC https://padlet.com/mmullins11/expression/wish/1653563155 #3 mmullins11 https://padlet.com/mmullins11/expression/wish/1653563179                 Press Release: Issue Summary Related to Legislation from the 
                                       National Education Association

          In June of 2021, the Supreme Court ruled in favor of protecting student's First Amendment right to free speech both on campus, and off campus.
This press release shares a statement from the National Education Association president Beck Pringle which included, "The court recognized that ‘America’s public schools are the nurseries of democracy.’ And we model that democracy by ensuring that students have a right to speak in an environment that is free of bullying and harassment.” (Maiers, 2021).

                                                            References

Maiers, S. (2021, June 22). Supreme Court strikes right balance in student free
          speech case. National Education Association. Retrieved from
          https://www.nea.org/about-nea/media-  
          center/pressreleases/supreme-court-strikes-right-balance-student-
          free-speech-case. 
]]> 2021-07-18 03:31:20 UTC https://padlet.com/mmullins11/expression/wish/1653563179 #4 mmullins11 https://padlet.com/mmullins11/expression/wish/1653563190                                                  Current News Article:
     U.S. Supreme Court Rules for Cheerleader Who Posted Vulgar Snapchat

  • Brandi Levy made vulgar Snapchat posts venting her frustration about her high school.
  • The posts were made outside of school and outside of school hours.
  • Mahanoy Area High School administrators disciplined her by suspending her from cheerleading for one year.
  • Levy took her case to court and it ended up at the Supreme Court.
  • The Supreme Court ruled that the school violated Levy's First Amendment right to free speech.

                                                            References

Walsh, M. (2021, June 23). U.S. Supreme Court Rules for Cheerleader Who
          Posted Vulgar Snapchat Message. Education Week - Law and Courts. 
          Retrieved from
          https://www.edweek.org/policy-politics/u-s-supreme-court-rules-
          for-student-on-regulation-of-off-campus-speech/2021/06
]]> 2021-07-18 03:31:24 UTC https://padlet.com/mmullins11/expression/wish/1653563190 #5 mmullins11 https://padlet.com/mmullins11/expression/wish/1653563210                                                 Current News Article:
                     Supreme Court Could Determine When and Whether
                              Schools can Regulate Off-Campus Speech

  •  The Levy v Mahanoy Area High School case is one of the most important cases for the First Amendment in schools in decades.
  • The case will determine whether schools can discipline students for things they say off-campus.
  • Schools are currently being advised to avoid taking cases to court involving discipline of students for things that happened off-campus.

                                                            References

Modan, N. (2021, April 28). Supreme Court could determine when and whether
          schools can regulate off-campus speech. Education Dive. 
          https://www.k12dive.com/news/supreme-court-could-determine-
          when-and-whether-schools-can-regulate-off-cam/599220/. 
]]> 2021-07-18 03:31:28 UTC https://padlet.com/mmullins11/expression/wish/1653563210 #7 mmullins11 https://padlet.com/mmullins11/expression/wish/1653563232                                   Law Related to Freedom of Expression

Source of Law: Judicial - State

  • This case had to do with Gregory Lee Johnson burning an American flag as part of a protest. No one was hurt or threatened, but some witnesses were offended.
  • Johnson was charged with the desecration of a venerated object. 
  • The U.S. Supreme Court decided that his actions were considered "symbolic speech", which should be protected by the First Amendment.
  • Justice William Brennan stated "If there is a bedrock principle underlying the First Amendment, it is that the government may not prohibit the expression of an idea simply because society finds the idea itself offensive or disagreeable." (Texas v. Johnson, 1989).

Link to Full Text of Law: shorturl.at/qzBN9

                                                            References

Texas v. Johnson, 491 U.S. 397 (1989).
]]> 2021-07-18 03:31:32 UTC https://padlet.com/mmullins11/expression/wish/1653563232 #8 mmullins11 https://padlet.com/mmullins11/expression/wish/1653563253                                   Law Related to Freedom of Expression

Source of Law: Administrative - State

  • Universities must: 
    • allow anyone to engage in free speech activities on campus.
    • create disciplinary sanctions for students who interfere with those activities.
    • create a process for addressing violations.
    • establish common outdoor areas as public forum and allow any free speech exercise there.

Link to Full Text of Law: shorturl.at/hDL48

                                                            References

Campus Free Speech Bill, 86(R) Leg., SB 18 (2019).
]]> 2021-07-18 03:31:39 UTC https://padlet.com/mmullins11/expression/wish/1653563253 #9 mmullins11 https://padlet.com/mmullins11/expression/wish/1653563270                                   Law Related to Freedom of Expression

Source of Law: Statutory - State

  • The Texas Education Code describes all of the rights and responsibilities of teachers, administrators, board members, and students. 
  • The code repeatedly reinforces the idea that students have all of the same constitutional rights as adults.
  • In chapter 37, the Texas Education Code describes disciplinary issues having to do with disruptions of the school day.
  • In section 123 of chapter 37, it explicitly states that "This section may not be construed to infringe on any right of free speech or expression guaranteed by the constitution of the United States or of this state." (Tex. Edu. Code §37.123).

Link to Full Text of Law: shorturl.at/koCY9

                                                            References

Tex. Edu. Code §37.123.
]]> 2021-07-18 03:31:44 UTC https://padlet.com/mmullins11/expression/wish/1653563270 #6 mmullins11 https://padlet.com/mmullins11/expression/wish/1653563300                                   Law Related to Freedom of Expression

Source of Law: Constitutional - Federal

  • The Founding Fathers specifically prohibited the making of any law that infringes on the freedom of the speech. (U.S. Const. amend I).
  • The law states that Congress cannot create laws that: respect a particular religion, or prevent people from exercising their religious beliefs; take away the freedom of speech or the press; or take away the right of the people to assemble and protest.

Link to Full Text of Law: shorturl.at/emqN0

                                                            References

U.S. Const. amend I.
]]> 2021-07-18 03:31:51 UTC https://padlet.com/mmullins11/expression/wish/1653563300 #10 mmullins11 https://padlet.com/mmullins11/expression/wish/1653563321                                  Local Administrative Law/Policy

  • The Employee Handbook for Santa Anna Independent School District employees does not explicitly mention freedom of expression, however, it does specify that employees should follow federal and state laws.
  • Employees should, "recognize and respect the rights of students...[and]...perform their duties in accordance with state and federal law." (Santa Anna Employee Handbook, 2020).
  • Here is the link to the handbook: shorturl.at/zIQTZ

                                                     References

Santa Anna Independent School District. (2020, July 14). Employee Handbook, 
          Employee Conduct and Welfare, p. 32.
]]> 2021-07-18 03:31:57 UTC https://padlet.com/mmullins11/expression/wish/1653563321 #11 mmullins11 https://padlet.com/mmullins11/expression/wish/1653563344                                                  Ethical Principle

The American School Counselor Association Code of Ethics states in section A.1(g) that counselors should "be knowledgeable of laws, regulations and policies affecting students...and strive to protect and inform students...regarding their rights." (ASCA, 2016).
This means that counselors are obligated to advocate for students and inform them of their rights, which includes their constitutional right to free speech.

Link to the ASCA Code of Ethics Website: shorturl.at/tBF06

                                                      References

American School Counselor Association. (2016). ASCA Ethical Standards for School Counselors. Retrieved from https://www.schoolcounselor.org/asca/media/asca/Ethics/EthicalStandards2016.pdf]]> 2021-07-18 03:32:02 UTC https://padlet.com/mmullins11/expression/wish/1653563344 #12 mmullins11 https://padlet.com/mmullins11/expression/wish/1653563357                  Personal Connection to the Legal and Ethical Standards

          Creating this resource guide has opened my eyes and stirred my heart on the subject of freedom of expression. When it comes to the school counselor Code of Ethics, I was surprised that there was not more about advocating for students' rights. Despite this, I appreciate that most of the statutory and administrative law regarding speech and expression essentially says to follow the laws from the federal or state level. 
          Because we have freedom of speech, and because teachers, counselors, and administrators are encouraged (or directed) to inform students of their rights, I feel like I should have been more educated on the topic as a student. Luckily, despite not being more educated on my rights, I became politically active as a young person. As a woman who grew up economically disadvantaged, our core freedoms are a type of equalizer. Without these freedoms, I would certainly not be an educated professional.

]]> 2021-07-18 03:32:06 UTC https://padlet.com/mmullins11/expression/wish/1653563357 #13 mmullins11 https://padlet.com/mmullins11/expression/wish/1653563369                  Best Practices and Recommendations for Compliance

If this resource guide shows you nothing else, I hope that it stirs a fire in your heart for your students to embrace and utilize their Constitutional rights. Moving forward, I recommend checking your school's policies to see what they say on the topic of free speech. You should work toward compliance with administrators. In addition, we need to encourage and excite our students about their right to free speech. Students should be educated about their rights and encouraged to use them. The following is a bullet list of actions anyone can follow to improve free speech awareness and usage in their schools:

1. Call attention to your school's speech codes if they violate students' rights.
2. Hand out pocket Constitutions
3. Start, or support, your school's student newspaper.
4. Ask to host an event to educate students and families on the importance of free speech.
5. Invite a speaker to come to the school to discuss free speech.
6. Tell students the story about how we came to have freedom of speech.
7. Create a "free speech" wall or other projects that encourage free speech.

                                                     References

10 Ways You Can Promote Free Speech On Your Campus. Foundation for
          Individual Rights in Education. (n.d.). Retrieved from
          https://www.thefire.org/get-involved/student-network/take-
          action/10-ways-you-can-promote-free-speech-on-your-campus/.
In the Classroom. (n.d.). The Free Speech Center. Retrieved from
          https://mtsu.edu/first-amendment/page/in-the-classroom.
Speech on Campus. American Civil Liberties Union. (n.d.). Retrieved from
          https://www.aclu.org/other/speech-campus. ]]> 2021-07-18 03:32:10 UTC https://padlet.com/mmullins11/expression/wish/1653563369