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"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 …show more content…
ignore so the people who do the insensitive actions would just not do them anymore, because they have no effect or to talk to the people who do insensitive actions and explain to them how their actions affect others. “Thesis” Derek Bok claims that the solution to the abuse of the freedom to speech may be to ignore the insensitive action, so it would not receive any attention, which would discourage the person who does it from doing it and the other solution is to explain to the person who does insensitive actions and explain to them the harm they are causing for others. “Support” The author supports his claim by providing a lot information in his essay regarding the topic. The author begins supporting his claim by station that universities are trying to allow free speech without any issues and then provides an example that had occurred in Harvard University regarding a Confederate flag. Then the author discusses how the issue had provoked the use of swastika to discourage this, but ultimately failed in trying. The author then begins to differentiate what he believes to be one of the biggest misconceptions we see in the First Amendment and the Freedom of Speech. The author believes that the First Amendment protects our freedom to speech, but not if it is done immorally or inappropriately. Using this the author explains how the example he gave is an example of insensitive behavior and how the students were purposely ignoring the fact that it would hurt people’s feelings. The author then goes into the law standpoint of the topic where the cities are allowed to regulate defacement on buildings and so on, but the use of swastikas and confederate flags are allowed. The author reads a ruling under the Supreme Court that states things like the Confederate flag cannot be prohibited, because it may offend a couple people. The author believes that Harvard should have the same freedom of speech like the rest of the world has. The author gives his opinion when he says that censorship may not be the best course of action, because that may just make conditions between people even worse and more people may begin doing it to show they bend the rules, which would influence more people to do it. The author claims, “once we start to declare certain things, ‘offensive,’ with all the excitement and attention that will follow” may make the people want to “test the limits” (70). Then the author supports his claims by telling the audience that there is a good solution to this, which is either to ignore the actions so it would discourage the people who do them, or to help explain to the people who do these insensitive actions that it is the wrong course of actions. The author provides support to his solution by providing the fact that Harvard University is doing what he had talked about. “Warrants” The author expects the reader to know what the 1st Amendment is and what it represents to the nation and what it bestows upon the people. The audience would have to understand college politics and the rule of college. The audience would have to understand World and American History to understand why these flags and actions are considered offensive toward other people. The reader would also want to understand the history of the Confederate Flag and how it is considered offensive. The people who read the essay need to understand the kind of approach the author is coming with when he gives his argument. This may mean that the audience will have to be a little bit open to accept new ideas, because that is exactly what the author provides. The audience has to understand that the other solutions are not the perfect solution for this issue due to the consequences that may arise with its approach. The audience has to understand that if the law makes any actions toward this, it may be more consequential than we ever expect and may hurt our sense of community and weaken it. “Conclusion” The article was very effective in discussing about the issue of freedom of speech as it addresses the main concerns one may have regarding the topic.
The author provides many facts that support his argument and makes sure to explain how other solutions would not work to solve this problem effectively. The article provides a plethora of facts discussing how the use of censorship is not the way to go due to its negative connotation and how the law cannot do anything, because technically nothing wrong is really happening the law viewpoint. The author finally concluded his essay by discussing how the solution he proposed maybe the best one they can use at the moment and how the solution has been used and been proven successful. The weaknesses of the essay include lack of information regarding the Supreme Court readings and the fact that he did not cite any sources to show ethos, but he himself was the president of Harvard University so that might have been
enough.
A high school in Chattanooga, Tennessee suspended a student for wearing a jacket that depicted a Confederate flag. The school had already banded the flag prior to the student’s suspension, for fear of racial backlash. In a slim one-vote margin, the court upheld the school’s decision, solely for the possibility that racial retaliation could ensue. The student’s parents did appeal the decision, but the court deemed that this was not a violation of the student’s freedom of speech or expression.
Throughout America, people place a high value in their freedom of speech. This right is protected by the first Amendment and practiced in communities throughout the country. However, a movement has recently gained momentum on college campuses calling for protection from words and ideas that may cause emotional discomfort. This movement is driven mainly by students who demand that speech be strictly monitored and punishments inflicted on individuals who cause even accidental offense. Greg Lukianoff and Johnathan Haidt discuss how this new trend affects the students mentally and socially in their article The Coddling of the American Mind published in The Atlantic Monthly. Lukianoff and Haidt mostly use logical reasoning and references to
This is a case of great importance because it addresses the issue of the broadness of the First Amendment as well as student’s freedom of speech rights being limited based on vicinity and because they are students. From this case it can be concluded that the courts were indecisive in their decision making process and that they will continue to interpret the First Amendment to their suiting and not as it is written. Finally, schools do need to have the right to enforce policies that are beneficial to the students.
In the landmark case Tinker v. Des Moines Independent Community School District (1969), John Tinker and his siblings decided to openly protest the Vietnam War by wearing black armbands to school (Goldman 1). The school felt that their efforts to protest the war disrupted the school environment. “The Supreme Court said that ‘in our system, undifferentiated fear or apprehension of disturbance is not enough to overcome the right to freedom of expression.’ School officials cannot silence student speech simply because they dislike it or it is controversial or unpopular” (FAQs 2). What about theatrical performance? Should certain plays not be performed at school because of inflammatory content? Theatrical performance plays a significant role during various years of a child’s youth, but, alone, has one central aim that allows for tolerance and multifariousness within the “salad bowl” United States. High school theatre arts curriculum’s purpose is to develop appreciation of the doctrines, perspectives, principles, and consciousness of diversified individuals in distinctive epochs throughout history as conveyed through literary works and theatre. If theatre has this sort of impact, why does the school administration, teachers, parents, even the state government, infringe upon the student body’s First Amendment rights? Schools should make no policy that would chastise a student for speaking their mind or expressing oneself, unless the process by which they are expressing themselves meddles with the educational methods and the claims of others. If a student threatens another student under “the right” of being able to speak freely, one would hope a school would take immediate action before potential harm occurs. The First Amendment clearly 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 of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.” In reference to students and a school environment, the definition of freedom of speech and expression becomes very unclear as to what they can and cannot say.
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.
The free speech clause in the Bill of Rights states: “Congress shall make no law…abridging the freedom of speech” (US Const., amend I). This clause, albeit consists of a mere ten words, holds much power and affluence in the American unique way of life. It guarantees Americans the right to speak freely without censorship by preventing the government from restricting the rights of the people to express their opinions. Consequently, this freedom can encourage citizens’ participation in politics; promote an adaptable and tolerant community; facilitate the discovery of truth; and ultimately create a stable nation. However, how much freedom should be granted to an individual? Where should the line be drawn for the coverage free speech protection? (1) What happens when the exercise of free speech puts other constitutional values in jeopardy? What values should prevail? (2) In an attempt to address these questions, many opposing interpretations have been presented. While some construe this clause in an absolute, categorical approach, others take on a more lenient, balancing stance. (1)
Separation of church and state is an issue in the forefront of people’s minds as some fight for their religious freedoms while others fight for their right to not be subjected to the religious beliefs of anybody else. Because public schools are government agencies they must operate under the same guidelines as any other government entity when it comes to religious expression and support, meaning they cannot endorse any specific religion nor can they encourage or require any religious practice. This issue becomes complicated when students exercise their right to free speech by expressing their religious beliefs in a school setting. An examination of First Amendment legal issues that arise when a student submits an essay and drawing of a religious
At this point in a college freshmen’s life, they have been in school for 14 years. Throughout those 14 years, freshmen have learned the Bill of Rights like they’ve learned how to walk and the first amendment the way they’ve learned to talk. The first amendment has been engrained in a child from the first history class in 5th grade, to the fifth history class in 9th grade and the eighth class in their senior year. In those eight years, a student has the first amendment in their head to bring to college and express themselves how they see fit and how they have been socialized to do so. According to Dinesh D’Souza, Stuart Taylor and Tim Robbins freedom of speech has been inhibited and taken out by politics and political correctness and fueled heavily by the societies need for preferential treatment.
The First Amendment, usually equated with freedom of speech, affords five protections: Establishment Clause, Free exercise of religion, Freedom of speech, Freedom of press, and Freedom to peaceable assemble. Students (and student groups) in public colleges and universities enjoy full protection under the First Amendment; however, this right depends greatly on the context in which a student might raise a free speech claim. Once an institution creates a limited public forum for a student or group, administration cannot deny recognition to particular student or groups based on viewpoints. Given the great freedom students are afforded, the freedom is not absolute. The courts have allowed administrators to place reasonable restrictions on location, time, and manner of students and groups. In Tinker v. Des Moines, the court made it clear that, students do not “… shed their constitutional rights when they enter the schoolhouse door." To strengthen the importance of free speech on campus the court said, in Shelton v. Tucker “The vigilant protection of constitutional freedoms is nowhere more vital than in the community of American Schools.” These rights allow students to be able to take courses in a wide variety of subject matter, which may include topics often considered controversial. Moreover, student must have the ability to explore and discuss those topics without fear censorship or retaliation.
In the United States, free speech is protected by the First Amendment in which it states, “Congress shall make no laws respecting an establishment of religion … or abridging the freedom of speech.” Now, nearly 250 years into the future, the exact thing that the Founding Fathers were afraid of is starting to happen. Today, our freedom of speech is being threatened through different forces, such as the tyranny of the majority, the protection of the minority, and the stability of the society. Now, colleges and universities in the United States today are also trying to institute a code upon its students that would bar them from exercising their right to speak freely in the name of protecting minorities from getting bullied. This brings us into
This paper will examine the first amendment’s right to free speech based on three different Supreme Court cases and how there are varying examples of free speech. In the case of Snyder v. Phelps, Snyder sued Phelps, the Westboro Baptist Church, for intentional infliction of emotional distress, invasion of privacy by intrusion upon seclusion, and conspiracy because the church set-up protest outside of his military son’s funeral service (Chen et al., 2010). Another side of free speech involves a case which allow schools to restrict speech that is promoting illegal drug use. To examine this view this paper will look at the case of Morse v. Frederick. Lastly, this paper will look into the case of Texas v. Johnson. At the end of a protesting march Johnson burned an American flag. The research for this paper will allow the reader to examine some of the different ways that free speech can be expressed, to what extent it may or may not be expressed and possibly where free speech may or may not be prohibited.
...eges were to abide by the first amendment of the Constitution, they would discover the different pitches and tones that accompany each voice. Instead, some colleges put a ban on what students say or wear. We are no longer in the age of McCarthyism where every aspect of society needs to be censored. Donna Shalala, owner of a Presidential Medal of Freedom, once said " You can't have a university without having free speech, even though at times it makes us terribly uncomfortable. If students are not going to hear controversial ideas on college campuses, they're not going to hear them in America. I believe it's part of their education". I agree with Ms. Shalala, America is a country built on strong principles like individualism. Free speech constitutes individualism. Free speech is a right; not a privilege and colleges have no right to restrict the power of thought.
McCarthy, M. (2005). THE CONTINUING SAGA OF INTERNET CENSORSHIP: THE CHILD ONLINE PROTECTION ACT. Brigham Young University Education & Law Journal, (2), 83-101.
This study looks at the relationship between censorship and repression on college campuses. I will first establish the comprehensiveness of the question; defining all of the concepts attributed and the extent to which they become insight, further I will address college campuses as the area of focus. I will then begin to challenge the ramifications the latter withholds for the purpose of deciphering if censorship is ever warranted; the right to offend, and the effects of hate speech. I will conclude it with social progress as a gain.
The First Amendment or as it’s more commonly called the right to free speech. Free speech also counts as freedom of press, the right to practice any religion, and to associate ourselves with any group. The limitations to these rights however are highly debated. College campuses have helped to redefine what freedom of speech and its limits. As colleges become more diverse they must promote an environment where student expression is encouraged but also maintain a safe learning environment for all students and faculty. Since public colleges are both state and federal funded institutions, they act as publicly open forms which are very few limitations to free speech. The limitations however on one's freedom to speech usually end where another begins