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Protecting freedom of expression on the campus summary
Why Freedom of Expression Matters in Higher Education
Freedom of speech on campus
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At a high school in Juneau, Alaska the Olympic Torch Relay took place in 2002 for the first time. Joseph Frederick, an 18-year old senior, unveiled a banner that read “BONG HITS 4 JESUS”, a saying he saw on the bottom of a snowboard, when the torch passed by him. The principal, Deborah Morse, disposed of the banner and punished the student by suspending him for 10 days. When the decision on whether Morse was in the wrong was taken to the Supreme Court, many different arguments were formed. In this essay, I believe and I will show, that the argument in favor of the school, made by Essay 19, is a stronger argument In Essay 18, Freedom of Expression: Protect Student Speech-Even “Unwise” Bong Banner by USA Today, the claim is being made that …show more content…
Starr, the claim is being made that the Supreme Court should not follow the 9th Circuit and should rule in favor of the school. One reason in support of this claim is that “policies that keep pro-drug messages out of the school environment reflect common sense” (500). The idea that school officials act in loco parentis, in place of the home, supports the fact that these rules are common sense because it makes what a student would and wouldn’t do in front of their parents apply at school also. A student would most likely not encourage drug use, or joke about it, in front of their parents, therefore, a student should not do that in front of their school officials. Another reason is that the event was, in fact, a school activity. It was during school hours and was attended by the entire school. It even occurred on the street in front of the school. “Cheerleaders were in uniform. The pep band played. And four students acted as torchbearers” (500). All signs point towards the Olympic Torch Relay as a school event, therefore, Frederick violated a school regulation. The main argument comes from the deductive technique Modus Ponens, but uses Inference to the Best Explanation when deciding on if the event was a school
In the majority opinion, Justice White wrote “Educators did not offend the First Amendment by exercising editorial control over the content of student speech so long as their actions were” The court also noted that the paper was a sponsored newspaper by the school which was not intended to be seen by the public, but rather for journalism students to write articles based off of the requirements for journalism 2 class, and all subjects must be appropriate for the school and all its
This decision makes it clear the most important thing for a school to do is to protect the students. It also states that the board of education, whose role is to oversee the schools, must make sure that the staff of the schools is protecting those children. This case highlights that long-term abuse can happen in schools if there are not clear policies or, if there are, that there is no one ensuring that those policies are
The proposed expulsions and suspensions from their disability behaviors deprived them of their right to a free and appropriate public education in accordance to the EHA. The Judge ordered the school district from making other disciplinary acts other than a two-to-five-day suspension against any disabled child for disability-related behaviors and ensured that the “stay-put” provision would be in place and no student would be removed. This went to the Ninth-Circuit appeal where the previous decision was affirmed and modified to allow up to a ten-day suspension.
The minority countered this argument when the school board said, “it is our duty, our moral obligation, to protect the children in our school from this moral danger as surely as from physical and medical dangers” (qtd. in Board of
Through using case laws, the First Amendment, and previous cases, Justice Abe Fortas explains the reasoning behind why the principal was not permissible. In the first two paragraphs, Fortas provides a brief summary stating how the policy banning armbands go against the First Amendment. In the following paragraph, Fortas says, “Only a few of the 18,00 students in the school system wore the black armbands.” When introducing his first argument, he supports this fact explaining how “the work of the schools or any class was [not] disrupted.” As for the fourth paragraph, Justice Fortas provides a counter argument with what the District Court said. The District Court concluded the school authorities were reasonable since it was based upon their fear o...
Vernonia School District v. Acton was a US Supreme court decision that aims to uphold the constitutionality affecting random drug testing implemented by local public schools in Vernonia, Oregon States. This provision mandates student athletes to undergo drug testing before they are going to be allowed to participate in sporting activities. This particular measure established by the constitution stated that it propagates any illegal use of any prohibited substances for students in order to preserve the integrity of the society in particular with handling against drug use. An official investigation led to the discovery that high school athletes in the Vernonia School District participated in illicit drug use. School officials were concerned that drug use increases the risk of sports-related injury. Consequently, the Vernonia School District of Oregon adopted the Student Athlete Drug Policy which authorizes random urinalysis drug testing of its student athletes Substance abuse materials may include marijuana, which is cannabis that is commonly used by teens.
On March 7, 1980, a teacher at Piscataway High School in Middlesex County, N.J., found two girls smoking in the school lavatory, which was a violation of school code. The teacher took them to the Principles office where they met the Assistant Vice-Principle Theodore Choplick. Under questioning the first girl admitted smoking in the lavatory. The second girl, 14 year old freshman T.L.O., denied that she had smoked in the lavatory. Mr. Choplick then asked to search the girl’s purse. He found a pack of cigarettes. Upon pulling the pack of cigarettes out Mr. Choplick discovered cigarette rolling papers, which is closely associated with marijuana. He proceeded to search the purse to find a small amount of marijuana, a pipe, small empty plastic bags, a substantial amount of money all in one dollar bills, and two letters that implies that she is a dealer. Mr. Choplick notified her mother and the police and told her mother to take her to the police headquarters. A New Jersey juvenile court admitted the evidence, saying that the search of the purse was reasonable under the standard of enforcing school policy and maintaining school discipline. The court found the student, T.L.O., to be a delinquent and sentenced her to a years probation. The appellate Division affirmed the courts decision that there had been no Fourth Amendment violation, T.L.O.
In the fall of 1991, respondent James Acton, then a seventh-grader, signed up to play football at one of the District's grade schools. He was denied participation because he and his parents refused to sign the testing consent forms. The Actons filled suit on the grounds that it violated the Fourth Amendment right to be free from unreasonable searches and seizures. The federal district court ruled in the school district's favor, but the Ninth Circuit Court of Appeals reversed the decision, stating that although the district had laid the foundation for a drug policy, the interest was not so compelling as to justify a random testing program. The time between the 1980's and 1990's America saw a dramatic increase in drug use which spread through nearly every community in the nation. Drugs had not previously been a major problem in Vernonia schools. In the mid-to-late 1980's, however, teachers and administrators observed an increase in drug use. Students began to speak out about their attraction to the drug culture, and boasted that there was nothing the school could do about it.
Or that free speech can be hate speech which is wrong, and shouldn’t be tolerated, since 40% of college students do not believe in free-speech. While they may have a point, we live in the most accepting country in the world, and people shouldn’t be too sensitive. When you start dwindling away at our freedom it is very dangerous because it could be gone before you know it. It also is our fourth amendment right. Without this the civil right’s movement wouldn’t have happened, freedom of press, speech, etc is what led to the world that we have today. A great quote from George Orwell who predicted a anti speech world “If Liberty means anything at all, it means the right to tell the people what they do not want to hear”. If you don’t believe in it then you don’t believe in the Constitution, and simple human right. I do have a bias that I displayed in this paper. I am against government interaction that is against free-speech, and against other of our rights. This was my bias in the
Furthermore, the opinion of the Supreme Court reveled that students can express their opinions anywhere even when the principal clearly made a rule banning armbands so problems would not be created. The disruptions from armbands could ca...
“Proposition 36 doesn’t provide “court-supervised” drug treatment. It ties the hands of judges, hurts legitimate treatment and effectively decriminalizes heroin, methamphetamine and other illegal drugs. Drug courts hold drug abusers accountable with regular drug testing and consequences for failing treatment— accountability not found in Proposition 36.”
Fraser (1986). During a student assembly, Senior, Matthew Fraser gave a campaign speech to elect his friend to student government. Fraser’s speech was rife with sexual innuendo. Consequently he was suspended and his name removed from the list of possible graduation speakers—he was second in his class at the time. In this case, the Court established that there is a monumental difference between the First Amendment protection of expression for “dealing with a major issue of public policy and the lewdness of Fraser’s speech” (“Key Supreme Court Cases,” 2015). Comparatively, Foster’s high school points out that there is a monumental difference between Foster’s desire to express his individuality and impress girls, and the school’s desire to regulate the serious public concern of gang activity within the school. Indeed, in the petitioner’s application of Tinkering and Chalifoux court cases, the defense notes, in both First Amendment cases the students were addressing a major public issue—political and religion statements. Foster’s message of individuality, however, decidedly lacked a message that would safeguard his First Amendment
"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
By doing this, the school districts are portraying the message that cheerleading is a joke, and that it isn’t a real sport. It sets stereotypes for cheerleaders, and they have to work to overcome those stereotypes everyday. The school districts all over the US not classifying cheerleading as a sport are in the wrong. For several reasons, all school districts should recognize cheerleading as a sport.
Free speech at public universities and colleges is the most clear and the most contradictory of constitutional pr...