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Importance of freedom of speech in education
Freedom of speech in higher ed
Freedom of speech in higher ed
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Censorship in Schools According to “Freedom of Speech” by Gerald Leinwand, Abraham Lincoln once asked, “Must a government, of necessity, be too strong for the liberties of its people, or too weak to maintain its own existence (7)?” This question is particularly appropriate when considering what is perhaps the most sacred of all our Constitutionally guaranteed rights, freedom of expression. Lincoln knew well the potential dangers of expression, having steered the Union through the bitterly divisive Civil War, but he held the Constitution dear enough to protect its promises whenever possible (8). Issues of censorship in public schools are contests between the exercise of discretion and the exercise of a Constitutional right. The law must reconcile conflicting claims of liberty and authority, as expressed by Supreme Court Justice Felix Frankfurter in Minersville School District v. Gobitis, 1940 in “Banned in the U.S.A.: A Reference Guide to Book Censorship in Schools and Public Libraries” by Herbert N. Foerstel (23). Minersville provides a very interesting backdrop to subsequent cases with graver overtones of censorship. The Minersville case was brought by the father of Lillian and William Gobitis, on their behalf, against the public schools of Minersville, Pennsylvania. The Gobitis children, Jehovah's Witnesses, were brought up to believe that scripture forbade saluting a flag. They refused to observe the Pledge of Allegiance and were expelled from the public school system, forcing their father to enroll them in private schools (23-25). Constitutionally, the case at first appears to be a rather one-sided violation of the First Amendment as incorporated through the Fourteenth. The court, however, was of a different opinion: "... ... middle of paper ... ...und the issue (173). As the case in Illinois clearly demonstrates, concerns about the fundamental discrepancy between a government's authority and what that government's authority guarantees are still being resolved. Cases like Tinker still have meaning and relevance to the situations of today, but at the same time, the lesson of Slotterback and innumerable other cases is that precedent can be defied, that every new generation requires a new interpretation of the provisions and guarantees made in grand terms vague enough to allow just such reinterpretation. History shows that censorship can be unfolded into either prior restraint or public forum, the approach from liberty or the approach from authority. Judicial sympathies have swung from one to the other with some regularity. With an issue as contentious as this, we can safely expect they will continue to do so.
Freedom of speech has been a controversial issue throughout the world. Our ability to say whatever we want is very important to us as individuals and communities. Although freedom of speech and expression may sometimes be offensive to other people, it is still everyone’s right to express his/her opinion under the American constitution which states that “congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or the press”. Although this amendment gave people the right express thier opinions, it still rests in one’s own hands as how far they will go to exercise that right of freedom of speech.
In the world today, Freedom of Speech is taken to a different level than what one may imply verbally. With social media, political debates, and the outpour of sexual orientation the First Amendment is exercised in its full capacity. Protecting Freedom of Expression on the campus is an article written by Derek Bok expressing his concerns regarding the display of a confederate flag hung from a window on the campus of Harvard University. The Confederate flag to some is a symbol of slavery and to others it is a symbol of war, or perhaps known as the “Battle Flag”. In this paper one will review Bok’s opinion of the First Amendment, clarity of free speech in private versus public institutions and the actions behind the importance of ignoring or prohibiting such communications according to the First Amendment.
In this case, the court ruled that the administrators of schools can edit the content of school newspapers. This court case is just one of the many examples of how the schools are able to sway and control what their students say and what they see, which makes a big impact on the First Amendment rights of all the students who read and who have to write the newspaper. Another case that supports the research question is Bethel School District #43 v. Fraser, 1987. This case specifically points out that students do not have the rights to make obscene speeches in school.
... was instrumental to recognition of the constitutional right to privacy and the interpretation of the Ninth Amendment. This case shows that the Constitution is a living document that can be maneuvered to accommodate for the adaption of American peoples. While it is a stationary and unchanging document, unique interpretations can be gleamed.
Since this country was founded, we have had a set of unalienable rights that our constitution guarantees us to as Americans. One of the most important rights that is mentioned in our constitution is the right to free speech. “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the
Censorship even extends to school dress codes. A school dress code is a set of rules about what clothing may or may not be worn in schools. As previously mentioned, a set of criteria are used to determine whether or not student expression should be censored in schools. For censorship involving dress codes, there are two: the “Tinker disruption standard” and the “forum issue,” which determine if student expression disrupts the school day and by who it is regulated, respectively (Emert). One case involving censorship of the school dress code was of a boy who violated his school’s dress code (Nguyen). Zachary Guiles, a thirteen year old boy, had to cover up his shirt denigrating former President George W. Bush, which violated his First Amendment rights (Nguyen). The shirt showed President Bush’s head on a chicken with derogatory names. It had images of oil rigs and lines of cocaine (Nguyen). A student, who had opposite views as Guiles, notified the administration of the shirt (Nguyen). Guiles was sent home on May 13, 2004, when he didn’t cover up the shirt after being asked to. The next day, Guiles’ wore the shirt, which was covered with tape and the word ‘censored’ was written on the tape (Nguyen). The school which Guiles attended, Williamstown Middle High School in Vermont, said that the shirt violated the dress code. Guiles’ parents felt that their son’s “rights to engage in political speech” were violated, and they sued the school (Nguyen). Guiles did not win the lawsuit in December 2004, when the US District Court for Vermont ruled in favor of the school, saying the images were “’plainly offensive and inappropriate’” (Nguyen). Guiles appealed, and the Second Circuit court ruled that the images were not offensive an...
This is indeed a touchy subject. This particular court case is one that has sparked a great deal of debate and one that requires some understanding of Miller v. California and New York v. Farber. Two semesters ago, my Media Law class spent a little time reviewing each of these cases plus the one we are discussing and even after doing so, I still find this ruling a bit disturbing.
"Protecting Freedom of Expression on the Campus” by Derek Bok, published in Boston Globe in 1991, is an essay about what we should do when we are faced with expressions that are offensive to some people. The author discusses that although the First Amendment may protect our speech, but that does not mean it protects our speech if we use it immorally and inappropriately. The author claims that when people do things such as hanging the Confederate flag, “they would upset many fellow students and ignore the decent regard for the feelings of others” (70). The author discusses how this issue has approached Supreme Court and how the Supreme Court backs up the First Amendment and if it offends any groups, it does not affect the fact that everyone has his or her own freedom of speech. The author discusses how censorship may not be the way to go, because it might bring unwanted attention that would only make more devastating situations. The author believes the best solutions to these kind of situations would be to
When I first thought of the idea of writing about it, I thought it would be
Doe case, Taking place in Texas in the year 2000, ended with a five to four verdict (Santa Fe Independent School Dist. v. Doe). The decision was in support of Doe, a Mormon family and a Catholic family that contested the school’s support of prayer at football games. The result of this case restricted the first amendment freedom of religion. The “wall” between religion and government that the Establishment Clause creates was present in this case (Cornell University Law School). The end of this case led to a strong divide between public schools and students’ religious practices. This case caused social changes to occur that affected public schools across America. Other public schools and parents of public school students saw the outcome of this case as an example of the “wall” that exists between church and state and that it will be enforced. Because of this case, many schools changed or abolished their own policies regarding
Summary of the Court Case. (Cover story). (1989). Congressional Digest, 68(8/9), 194-224. Retrieved from http://ezproxy.wnc.edu:2048/login?url=http://search.ebscohost.com/login.aspx?direct=true&db=aph&AN=8910300671&login.asp&site=ehost-live&scope=site
The Houston Chronicle, pp. C14. Retrieved December 2, 2002 from Lexis-Nexis/Academic database. This article emphasizes the point that censors go too far when they attempt to not only ban a book for their own children but want to remove it altogether from a school library, so that other students cannot read it.
Censoring school books in libraries can often lead to censorship of our basic freedoms guaranteed in the First Amendment. In some cases, a minority ends up dictating the majority in censorship
Censorship prevents the nurturing of different ideas and opinions by students. In America, we pride ourselves on the belief that all people are subject to their own ideas and opinions an will not be forced to think a certain way. We protect this ideal by living by two of the ten freedoms and rights that the Bill of Rights gave us in 1791; Freedom of Speech and Freedom of Press. If we eliminate certain texts or medias that are subject to the discretion of any individual, we create an educational barrier that not only makes students and individuals
Since the foundation of the United States after a harsh split from Britain, almost 200 years later, an issue that could claim the founding grounds for the country is now being challenged by educators, high-ranking officials, and other countries. Though it is being challenged, many libertarians, democrats, and free-speech thinkers hold the claim that censorship violates our so-called unalienable rights, as it has been proven throughout many court cases. Censorship in the United States is detrimental because it has drastically and negatively altered many significant events.