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Students rights under the law
First amendment and student rights
First amendment and student rights
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Some older students in Buffalo are not eager towards the new policy with ID. Kenneth Hanes a fifteen-year-old ninth-grader said, “It’s too Big Brother for me. Something about the school wanting to know the exact place and time makes me feel like an animal.” Kenneth viewpoint was issued with an organization similar to A.C.L.U, an organization that stands for a students rights and liberties guaranteed for every individual by the Constitution and laws held by the U.S, and a non-profitable group that issues “digital rights”, Electronic Frontier Foundation. While the Constitution protects the rights of a student, school districts have the right to make rules, even those that can take away students’ Amendment Rights, to prevent disruptions towards
"Pickering v. Board of Education - 391 U.S. 563 (1968)." Justia US Supreme Court Center. N.p., n.d. Web. 23 Feb. 2014.
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.
Privacy was once taken for granted in public education, but now through the 1974 law, Family Educational Rights and Privacy Act it is pushed to the forefront of the minds of every educator in the United States (Cossler, 2010). This law has paved the way for many lawsuits regarding privacy of student’s records, which have left teachers scared, undereducated and unaware of certain regulations of the law. FERPA laws provide protections for students, but also allow access of all student records to the student’s custodial parents, which in some situations has cause problems and in some cases have specifically brought clarifications of the law. Has the Family Educational Rights and Privacy Act provided the much needed privacy for students or created an overboard policies?
"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
Why do schools NOT notify the police when a violent disturbance occurs? One would assume that when there is an assault or threat upon a student, the police would be the first people to be notified. When there is violence, or threats of violence against students in an academic setting, information about the threats and the troublesome student should be shared with the police. But Universities usually do not provide this information to the police. Lynn Daggett, a Professor at the Gonzaga University School of Law, states, “Schools struggle with whether, when, and how to involve police, both when students appear to present a threat to others, as in high profile cases, and also when the school suspects a student of criminal behavior” (Daggett). Although police are available and willing to be involved in school disturbances, schools do not involve the police more often than they should and cannot or will not give certain records about their students to the police.
Objectionable content found in challenged books across the country can range from some vulgar language, to rape and incest, and even to explicit sex scenes. However objectionable these topics may be, high schoolers are already exposed to them in some way, whether it be through listening to popular music on the radio, watching television, or browsing the internet. Many parents, and even board members of some schools, object certain books for a variety of reasons. What they have failed to realize is this: if they are so concerned about what their children read in school, are they as concerned about monitoring what they hear on the radio, see on television, and search online? Many schools across the country are now taking the technological route when it comes to teaching. This often means students can have access to the internet while in their classroom. This point goes back to the prior statement of ...
Grabber- We are all privileged to live in a free nation, where we can do what we desire. But, what if one day you were told that your school can monitor your every action on the interweb and can punish you for your online activities on and off campus? Well, certainly many students would protest without hesitating, for that they would no longer have privacy.
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
Students’ rights in schools are limited or just taken away. Kids are forced to do whatever the officials at their school, either the principal or the teachers, tell the students to do. One of the main right that gets taken away or limited is students’ first amendment rights, which is the freedom of expression. Students can gets suspended by just doing things the staff at the school does not like, including saying things that they don 't like or supporting a religion that the school does not support. Also, if something is said about the school or the people attending the school is said on social media that student can also get in a lot of trouble. Students should be able to have more first amendment
In conclusion, it is important that parents give their freedom to make sure kids learn to be independent and now days most teens spend a lot of their time in the internet so by parents not letting them have their privacy there, they are taking over all their lives without even giving them a chance to “explored their identity and the world” like Boyd mention. Parents, need to realize that by over protecting their kids is like sending them to war without weapons because they will not know how to confront the world and worst of all they will not know they things they are capable of doing by themselves.
Dazey, Josh. “Campus puts students at undue risk: while restricting “basic natural rights”. Ifeminists. Feb 12, 2002. http://www.ifeminists.net/introduction/editorials/2002/0212b.html
...ndividuals is a far better educational goal than developing 'regulated' individuals (Grinnell)." While high school students are learning other skills to prepare them for the rest of their lives, they can also learn, through a powerful medium like the Internet, responsibility. In this way students can also realize the dimensions of their freedom of expression and inalienable rights, that are so very often taken for granted.
The main reason for this is that at school, different rules apply to students. Some of these can lessen their rights to privacy. In addition to this, the safety of the student body is more important than full privacy rights at school. Drug testing student athletes is not a violation of the 4th Amendment because school rules permit limitations on the rights that students have. If we follow this policy, it is better for the common good because the Roanoke County Schools case shows that sometimes rights must be given up to obtain safety. If people understand this, they can avoid dangerous situations without unnecessary arguments concerning rights. It is clear from the case of Vernonia School District v. Acton (1995) that student privacy rights can be constrained by school rules. Also, the case of New Jersey v. T.L.O. (1985) proves that schools must balance student rights with safety, which is why drug testing should be allowed in school sports. When we ask if it’s Constitutional to limit students’ privacy rights, or if students always have full rights even if it makes the environment less safe it is clear what the answer is. It is evident that it is within the Constitution to lessen students’ privacy rights on campus to keep students
In a majority of states, they provide some schools with unlimited authority to put up surveillance on students’ online activity whenever the student is in use of that electronic. Which gives no boundaries for the schools, and allows the schools to use the web cameras to watch the students at all times. That is overstepping many privacy boundaries such as, watching them at home, what if they are getting dressed? The whole school system could see it through the web camera, or if they were at the mall on their cellphones and the school is allowed to tap their every move. It 's an invasion of privacy that goes beyond the limits of the school grounds. Some of these schools are allowed to do it even when there is no suspicion of cyberbullying at all. Cyberbullying can be a dangerous thing, but allowing schools to look at your child 's every move can also become a dangerous thing, allowing the students to have no privacy whatsoever. For example, “in July 2014, Jackson County School District in North Carolina announced that it is paying a private company, Social Sentinel, $9,500 for one year to monitor the social media postings of all students in one of its high schools in order to uncover cyberbullying and other threats. The school district’s position is that when it comes to those kinds of threats, students have “no expectation of privacy” (Suski 68). Allowing the school district to uncover the
Education is a elemental human right and essential for all other human rights. It is a powerful tool by which socially and economically marginalized children and adults can lift themselves out of poverty. It also consists of the right to freedom of education. Freedom of education is the right given to human beings to have access to the education of their preference without any constrictions. Right to education is a human right recognized by the United Nations. It includes the entire compulsion to eliminate inequity at all levels of the educational system.