Tag Archives: Public School

Is School The New Church?

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North Carolina’s Governor stated the intended goal of the proposed law would be to, “clarify student rights to engage in prayer and religious activity in school, to create an administrative process for remedying complaints regarding exercise of those student rights and to clarify religious activity for school personnel.”

The First Amendment to the U.S. Constitution says that everyone in the United States has the right to practice his or her own religion, or no religion at all. So our founders created the First Amendment — to guarantee the separation of church and state.

It is important that no new law corrupt or infringe on the constitutional rights of our citizens.

It is clear that this law is yet another attempt to do just that. To enact this law will open the school district to lawsuits from students and faculty alike in regards to expressions of religion that are or could be construed as unconstitutional.   In the  court case of  “ Wallace  v.   Jaffree “ this is exemplified.  Another case that addresses this subject of prayer during school functions such as graduation was found to be unconstitutional when considering that the school would be public. This was concluded in the case of “ Lee v. Weisman”.   

    What is needed instead perhaps is clarification of the constitution, as expression is already protected in a personal way. Examples include a student’s personal views as ascribed in a paper perhaps what is forbidden is an organized school sponsored prayer or prayer group.  

 

 

 

USA News “School Prayer fight Begins Anew” USA News.2014/08/2014

“Wallace v. Jaffree.” Oyez, https://www.oyez.org/cases/1984/83-812. Accessed 22 Feb. 2017.

“Lee v. Weisman.” Oyez, https://www.oyez.org/cases/1991/90-1014. Accessed 22 Feb. 2017.

Censorship in schools

By definition censorship is, the removal, suspension, or restricted circulation of literary, artistic, or educational materials. Most parents want censorship in schools, because they don’t want their children being taught the exact opposite of what they preach at home. Also many people believe that young kids aren’t good at making decisions for themselves and they don’t always know right from wrong. So schools need to have censorship to filter out all the bad stuff and only teach students good values. Censorship gives parents peace of mind and shape the minds of our youth.  

There are still plenty of people who don’t like the idea of censorship in schools. Lots of people believe that censorship isn’t allowing students to form their own ideas. If you don’t allow students to form their own ideas then it’s hard for society to have different views on things. The court system would have to agree with these people, they tend to vote with the schools most of the time limiting censorship in schools and allowing students to become free thinkers. As long as schools don’t cross any religious boundaries, or are trying to push political views on students then the court will allow it.

“Censorship in Schools Pros and Cons List.” NYLN.org. N.p., 14 Jan. 2017. Web. 21 Feb. 2017.

“Censorship in the Schools.” Advocacy, Legislation & Issues. N.p., 22 Sept. 2016. Web. 21 Feb. 2017.

“Education World: Banning Books from the Classroom: How to Handle Cries for Censorship.” Education World: Banning Books from the Classroom: How to Handle Cries for Censorship. N.p., n.d. Web. 21 Feb. 2017.

Schools Teaching but Not Upholding First Amendment Rights

Topic: School Censorship

Essential Question: Does schools regulating and censoring students’ speech violate the freedom of speech limits to the First Amendment?

Under the First Amendment the government must respect citizens’ right to express themselves; however, under the school speech doctrine, student’s constitutional right to freedom of speech can be suppressed by school authorities. The school’s ability to put limitations on students’ freedom of speech has been challenged countlessly and from many different aspects on the issue such as illegal drug promotion, political speech, hate speech, and religious speech.   The countless cases of discontent with the suppression is due to the court’s inadequate guidelines determining whether schools’ policies violate the constitution.  Due to this, the majority of schools lack knowledge about their limitations to restrict  students’ freedom of speech and rather focus on implementing restrictions to maintain order, avoid controversy, and minimize criticism from the community over promoting students’ rights while creating regulations.  This leads to the primary question.  Should schools value avoiding controversy and disruption over promoting students to practice their constitutional right?

In the  Hazelwood School District v. Kuhlmeier court case, Kuhlmeier argued that the school violated the First Amendment by not publishing an article discussing teen pregnancy.  Kuhlmeier’s argument did not hold up in court. The Supreme Court ruled that the First Amendment rights of students in schools are not coextensive with the rights of adults outside of public schools and ultimately “educators do not offend the First Amendment by exercising editorial control over the style and content of student speech in school-sponsored expressive activities, so long as their actions are reasonably related to legitimate pedagogical concerns.”  Since the article was written in a journalism class, apart of the school’s curriculum, the principal was able to deny publication with the reasoning that the pregnant students might have been able to be identified and would have later caused controversy and harm to those students.  The article also discussed sexual activities and birth control, which the principle deemed as inappropriate for the younger kids who attended that school.  Ultimately, by restricting students’ freedom of speech, in this case, allowed the community to avoid controversy and protect the well being and safety of other students at school.

On the other hand, the court case of Zachary Guiles rejected the school’s authorities to restrict Zachary’s First Amendment right to express his political views on a shirt despite the presence of alcohol and illegal drugs on his shirt.  Since the shirt was not encouraging the use of illegal drugs nor alcohol, which is prohibited in schools, but rather using them to convey, in Zachary’s opinion, the inadequacy and stupidity of the president, in the end, the school could not restrict Zachary from wearing the shirt at school because schools do not hold the right to censor political views of students if there is no disruption in the education process.  Since Zachary had wore this shirt many times before without any disruption and the only concern regarding the shirt were the drugs portrayed, the court could not ban his shirt from schools.  This ruling allowed for students to be able to practice their First Amendment right by promoting them to express their views politically.

Ultimately, I believe that schools should minimize their authority to restrict student’s First Amendment rights to better prepare them for the real world.  Schools should only use their power to avoid evident disruption in the classroom and harm such as bullying, encouraging of unsafe practices, and abusive speech.  Schools should encourage a safe environment where students are able to express their views regardless of the popular belief and use it to promote a better society in and out of the classroom by provoking thoughtful and open-minded conversations between students.

 

Disruptions in Class

School is a place where students are free to express themselves, yet where is the line drawn when it comes to wearing hateful or controversial items? The public school’s dress code falls under the freedom of speech section of the First Amendment. Students are guaranteed the right to freely express themselves, unless the item of clothing is a distraction to other students or causes a disruption in class. Problems with clothing might arise with controversial topics such as political, social, cultural, etc. Higher enforcements may be involved if a school’s peaceful environment is interrupted.

One of the most famous cases where the United States Supreme Court became involved was the Tinker V Des Moines case. In this case, students expressed themselves by wearing a black armband to protest the war and were suspended. At first the US District Court ruled with the school, but then the case went to the United States Supreme Court, where they ruled in favor of the students. Each case may be different and it is important not to base each one off of the Tinker V Des Moines Case. Another occasion where a higher official was involved was in the case of Castorina es rel. Rewt v. Madison County School Board. Two high school students wore a shirt with the Confederate Flag on it to school, and were suspended for not following the dress code. The case ended up going to the federal district court and then to the 6th U.S. Circuit Court of Appeals. The judges found the case to be very similar to Tinker V Des Moines, however in this instance they ruled that there was, “the appearance of a targeted ban”, and it was sent back down to the lower court. Although many times the case of Tinker V Des Moines is referred to as a classic example, it is important to realize that there may be uncertainty with each situation, therefore every incident must be handled differently.

The Confederate Flag: A Symbol of the Past or Present in Schools?

The Civil War ended 150 years ago, however the issue of the Confederate flag has not disappeared with the war. The Confederacy is well alive in not only history textbooks, but on clothing, and flags. This brings up the big question; Can public schools ban the Confederate flag on their campuses? Does banning the Confederate flag violate the First Amendment? First to argue against the issue was Christiansburg High School in Virginia. A group of students began a demonstration when a student was punished for wearing a t-shirt with the Confederate flag on it. The students disagreed with the punishment, so they protested.  The Washington Post described the incident as a “peaceful student demonstration”. Those students who protested ended up getting suspended. The First Amendment includes Peaceable Assemblies, meaning that the people must be allowed to meet, protest, and march. The students at Christiansburg High School did just that, and did not show any harm to any persons nearby. One might say their t-shirts and flags are protected by Freedom of Speech, which explains how citizens are allowed to express themselves. But are there limits? Do those rights stop when students enter the school grounds?

In another case at Lakeside Middle School, a student showed up to school wearing a jacket with a Confederate flag on it. He was asked to remove the jacket, and when he refused, was suspended multiple times. The student ended up taking the case to court. Judge William B. Traxler Jr. ruled for the school district, basing his decision on three U.S. Supreme Court decisions: Tinker v. Des Moines Independent Community School District in 1969, Bethel School District No. 403 v. Fraser in 1986, and Hazelwood School District v. Kuhlmeier in 1988. Tinker v. Des Moines, and Bethel School District No. 403 v. Fraser ruled student’s rights are not as flexible as adult’s rights would be in other settings. Lastly, in Hazelwood School District v. Kuhlmeier it was ruled that school administrators can’t punish students because they don’t agree with their expression, but they can if it is disrupting the school or people in the school.

The issue of the Confederate flags in public schools is it’s a very grey area. There are lots of technicalities that go along with the issue; the history of the school’s racial problems, violence, disruption and so on. It depends on the school and the students inside of it. Students are backed with the First Amendment to some extent, but there are limits in a school zone. Although, the school itself has to think about protecting other students in the school, as long as no person or their rights are harmed; if a student wishes to wear a t-shirt with the Confederate flag, they should be allowed to. The First Amendment protects them under Freedom of Speech, Peaceable Assembly and Symbolic Speech. If there were to be a clear obscenity, fighting words, or danger of other students, that student would not have their rights protected and would have to follow what the school says. In conclusion, students should be allowed to wear the Confederate flag in schools, as long as it isn’t disrupting the school or students in anyway or bringing up bad history that the school has.