Freedom+of+Expression


 * The Issue:**

Where does an administrator draw the line with regards to a student's right to free expression? Is it a violation of a student's First Amendment rights if an administrator asks him or her to not wear a shirt with a potentially offensive slogan? Understanding First Amendment rights, and the confines of authority that go with those in the public school setting, are important for an administrator.


 * The Law:**

The First Amendment to the U.S. Constitution states that, "Congress shall make no laws....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."

The most notable case regarding First Amendment rights in public schools is //Tinker v. Des Moines Independent Community School District// (1969). In this case, two high school students protesting the Vietnam War wore black armbands to school. When they refused to remove the armbands at the administrator's request, they were suspended. The U.S. Supreme Court decided that because the armbands did not create a substantial disruption, the students' First Amendment rights were violated.

While perhaps not the most notable, and somewhat contrary to //Tinker//, is the geographically relevant Supreme Court case //Morse v. Frederick// (2007) out of Juneau, Alaska. In this case, also known as the "Bong Hits for Jesus" case, a student was excused for a small portion of the day to watch the Olympic torch pass through Juneau. While off school property, student Frederick held up a banner promoting illegal drug use. Frederick was suspended by principal Morse, and sued stating that his First Amendment rights were violated. In this case, the courts found in favor of the schools, implying that students rights under the First Amendment sometimes are not as great within the public schools, and as provided for in //Tinker.//

The two cases are similar in that the help clarify how the First Amendment pertains to students in the public school setting, but the difference is in the material that makes up the free speech. In //Tinker,// the protest was passive, and clearly not dealing with illegal issues, as in //Morse//.


 * Proactive Measures:**

1. If a student is expressing views without disorder or disruption, and the viewpoint or slogan is not lewd, indecent, or offensive, then a student's First Amendment rights are generally protected.

2. As such, be clear, consistent, and fair regarding freedom of expression. If it is a passive act not bothering anyone, don't create an issue. If concerns arise regarding a student's rights, although you may not condone or agree with the behavior, protest, or clothing, be certain to use a "Third Eye" in addressing the issue from a school standpoint.

3. Essex (2008) cites the following restrictions that have been upheld by courts, regarding a student's appearance: protection of the safety and health of students, prohibiting dress that does not meet the standards of the community, and dress that results in material and substantial disruptions.