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Schools provide an umbrella for freedom of expression other places may not have. In school we are allowed to share and express our opinions hopefully without judgement. Teachers, for the most part, show an unconditional positive regard; refraining from public judgement in the classroom setting, allowing each and every student to feel comfortable expressing their views and feelings of their own. Although, some occurrences may infringe upon school law. On the count of threatening and potentially adverse public speech, the Itawamba School Board claims the allegations Taylor Bell made in his song were a violations and disruption of school policy. However, I personally believe the school cannot ‘police’ students outside the school grounds. More importantly, the Itawamba school district should be more concerned with the meaning of Taylor Bell’s song than any charges against him. …show more content…
On facebook, Elonis posted extremely violent rap lyrics such as “ I want to kill my wife” and “Took all the strength I had not to turn the b**** ghost, pull my knife, flick my wrist, and slit her throat”. These lyrics were posted in reference to his wife, and a federal FBI agent. Although these lyrics were much more threatening than Bell’s, Elonis failed to understand this and he was not charged. If Elonis was not charged for potentially dangerous actions, then why is the Supreme Court trying to charge him? Bell was genuinely trying to unleash awful things the PE teacher supposably had
United Stated trial, I, serving as a Supreme Court Justice, have decided that Fields has been correctly convicted of his crime. A precedent that’s able to further support my decision goes back to the case of the New York Times v. Sullivan, which demonstrates the right to make false statements. This precedent has helped keep past cases consistent, liable, and precise. Within this certain case, the First Amendment comes in hand with protecting the publication of all statements, even false ones. Furthermore, Mills’ statement of Ehle admitting that he would falsely testify against Fields for favorable treatment was legal. The US Supreme Court had found evidence of the men’s association with the Aryan Brotherhood gang, which became an abundant source of evidence for Mills' possible bias against the respondent’s case. Therefore, Mills' membership in the gang is not exactly proof that he is lying, but considerable evidence that he is more plausible to lie. Basically, this precedent has shown that Fields has been rightfully prosecuted and
Matthew's father appealed the school district's actions on behalf of his son to the federal district court. He alleged a violation of his First Amendment right to freedom of speech and sought both injunctive relief and monetary damages. The District Court held that the school's sanctions violated respondent's right to freedom of speech under the First Amendment to the United States Constitution, that the school's disruptive-conduct rule is unconstitutionally vague and overbroad, and that the removal of respondent's name from the graduation speaker's list violated the Due Process Clause of the Fourteenth Amendment because the disciplinary rule makes no mention of such removal as a possible sanction.
Jackson vs. Birmingham Board of Education (2005) is a more recent case that still fights against one of history?s most common topics; equal rights. This will always stand as one of the greatest problem factors the world will face until eternity. These issues date back for years and years. This case was brought to the Supreme Court in 2004 for a well-known topic of sexual discrimination. It helped to define the importance of Title IX of the Education Amendments of 1972
The case also states “A prohibition against expression of opinion, without any evidence that the rule is necessary to avoid substantial interference with school discipline or the rights of others, is not permissible under the First and Fourteenth Amendments” (Tinker v. Des Moines Independent Community School District). Because the students didn 't necessarily disrupt the education process, their First Amendment freedom of speech should not have been violated by the school officials.
This case involved a public high school student, Matthew Fraser who gave a speech nominating another student for a student elective office. The speech was given at an assembly during school as a part of a school-sponsored educational program in self-government. While giving the speech, Fraser referred to his candidate in what the school board called "elaborate, graphic, and explicit metaphor." After his speech, the assistant principal told Fraser that the school considered the speech a violation of the school's "disruptive-conduct rule." This prohibited conduct that interfered with the educational process, including obscene, profane language or gestures. After Fraser admitted he intentionally had used sexual innuendo in the speech, he was told that he would be suspended from school for three days, and his name would be removed from the list of the speakers at the graduation exercises.
The court stated the appellant’s statements were false concerned issues that were important to the public’s attention. The statements were neither shown nor could be presumed to interfere with the appellant’s performance of his teaching duties or the school’s operation (Oyez, n.d.). In the matter of false statements, the Supreme Court looked back at New York Times Co. v. Sullivan (1964). The school board was unable to prove the statements were malicious in nature.
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.
He is also discriminated by his teachers and others at school due to his feelings of not participating in the national anthem “Some smart-ass. I stuck him in the corner. Thinks he can pull that shit. The kid’s got no respect, man.” (Rodriquez 19). His teacher becomes furious, because the boy does not want to say the anthem like the other students. He feels obligated to say the anthem, and many readers can relate this aspect with the United States Constitution, where every human being is supposed to have freedom of speech and freedom of assembly, but...
“Separate is not equal.” In the case of Plessey vs. Ferguson in 1896 the U.S. Supreme Court said racial segregation didn’t violate the Constitution, so racial segregation became legal. In 1954 the case of Oliver Brown vs. Board of Education of Topeka this case proved that separate is not equal. Oliver Brown vs. Board of Education of Topeka was revolutionary to the education system, because colored people and Caucasians had segregated schools. The Caucasians received a better education and the colored people argued that they were separate but not equal. This would pave the way for integrated schools and change the education system as we knew it.
... the established case law because of the schools ability to limit those freedoms. When looking at restricting or granting student or group speech administrators must be consistent, because allowing one student or group to expression their First Amendment right opens a door for other student or groups that can be difficult to close. The institution should have clear policies that designate Public Forums, Designated Public Forums, Limited Public Forums, and Non-public Forms. Furthermore, a policy should be created explaining a student’s rights with procedures for a student to redress grievances. Beyond the established policies, administers must be aware of (and have training in) student rights, but should also understand the breadth of power public institutions have to restrict those freedoms when the expression of those freedoms would cause disruption to the school.
We, all, have the opportunity to voice our opinion on subjects that matter to us. The First Amendment grants us freedom of speech and expression. However, this was not provided to all students in 1968. During this time, there were three students in Des Moines, Iowa, who wore black armbands to school. These armbands were a symbol of protest against the United States involvement in the Vietnam War. After the Des Moines School District heard about this plan, they instituted a policy banning the wearing of armbands, leading to the suspension of students. A lawsuit has been filed against the Des Moines School District, stating how this principal goes against the students’ First Amendment rights. Thus, in the Tinker v. Des Moines Independent Community School District case, Justice Abe Fortes determined the policy to ban armbands is against the students’ First Amendment rights. Yet, Justice Hugo Black dissented with this decision, determining the principal is permissible under the First Amendment.
In John Gatto’s essay “Against Schools” he states from experience as a school teacher that are current educational system is at fault (148). He claims that classrooms are often filled with boredom manufactured by repetitive class work and unenthusiastic teachings. Students are not actively engaged and challenged by their work and more often than not they have either already covered the concepts taught in class or they just do not understand what is being taught to them. The children contained in classrooms have come to believe that their teachers are not all that knowledgeable about the subjects that they are teaching and this advances their apathy towards education. The teachers also feel disadvantaged while fulfilling their roles as teachers because the students often bring rude and careless attitudes to class. Teachers often wish to change the curriculums that are set for students in order to create a more effective lesson plan, but they are restricted by strict regulations and consequences that bind them to their compulsory teachings (148-149). An active illustration of John Gatto’s perspective on our educational system can be found in Mike Rose’s essay “I Just Wanna Be Average” (157). Throughout this piece of literature the author Mike Rose describes the kind of education he received while undergoing teachings in the vocational track. During Mike’s vocational experiences he was taught by teachers that were inexperienced and poorly trained in the subjects they taught. As a result, their lesson plan and the assignments they prepared for class were not designed to proficiently teach students anything practical. For example, the curriculum of Mike Rose’s English class for the entire semester consisted of the repeated reading of ...
In document D the court sided with the students, but the students must serve ten days, but the ten day suspension will not be shown on their records. It must pose a threat, there was no threat so they sided with the students.In document C, the school suspended the student, but that was because the student caused a threat against the targeted student, S.N. If the student did not target S.N. and say the students name and harm her directly then there would probably be no suspension.J.S created a MySpace profile (“the profile”) making fun of her middle school principal, James McGonigle. The profile did not name the principal or his school, but did include a photo of him and contained some vulgar and offensive language.J.S. did not name the principal or the school, she did not directly target the principal even though a photo of the principal was on the page.This evidence helps explain why schools should not limit students’ online speech because it didn 't cause a substantial disruption.
In the two videos provided by FIRE, certain situations where students’ basic rights were violated were shown. In the first video presented by FIRE, I was very surprised to learn that some colleges opt to control what you wear, what you post on Facebook or what you say. Instead of educating young adults, it appears that colleges nowadays are trying to babysit them in every dimension of life, including their personal online social life. One example that prominently stood out to me was Hayden Barnes’ story, in video two. Hayden Barnes found himself in deep trouble with the school when he decided to speak out against an overpriced project that the school had decided to complete, by using student fees. This situation shows exactly why organizations like FIRE are needed. Students in certain schools have little to no verbal opinion on what happens at their school. There are certain things you’re allowed to say, and certain things that you are not allowed to say. Whatever happened to freedom of speech and does it exist on college campuses?
The Quality of a child’s education often either limits or opens up a world of opportunities. Those who study the purpose of public education and the way it is distributed throughout society can often identify clear correlations between social class and the type of education a student receives. It is generally known by society that wealthy families obtain the best opportunities money can buy. Education is a tool of intellectual and economical empowerment and since the quality of education is strongly influenced by social class, a smaller portion of the American population obtains the opportunities acquired from a top notch education. Many people believe that educational inequalities are perpetuated from the interests of specific classes, but some researchers like John Gatto believe that there are even stronger social forces in play. In the essay “Against Schools” the author John Gatto presents three arguments: (1) that are educational system is flawed, (2) that the American educational system is purposely designed to create a massive working class that is easy to manipulate, and (3) alternative teaching methods should be applied to teach children to think for themselves. In this essay I will be summarizing and relating each of these arguments to other educational essays. Also, I will be discussing the strengths and weaknesses of the author’s argument.