Introduction/
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Background |
"The language of the constitution is difficult to understand and can be interpreted in different ways." "...because students are unaware of their rights, they cannot defend themselves" (Balonon-Rosen). "...an effective way to get difficult information out would be with the use of technology or social media." |
Section 1: Students Right to Free Speech and Dress Codes |
"In 1972, Congress passed the Education Amendments of 1972 which prohibits gender discrimination in public schools"
Point: A dress code that seems sexist or is enforced in a sexist manner is violating Title IX of the Education Amendments = STUDENT RIGHTS VOILATION |
Tinker v Des Moines |
Tinker v Des Moines (1965)
Question: Does a prohibition against the wearing of armbands in public school, as a form of protest, violate the student's’ freedom of speech protections guaranteed by the First Amendment? Decision:
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Section 2: Students Rights to Free Speech and Social Media |
Problem:
In 2012 a student of Minnesota posted on Facebook that a hall monitor was being “mean” The student who posted on Facebook was forced to give their Facebook password to school administrators The student was able to argue that giving their password away violates their right to privacy. According to a Lee Rowland, an American Civil Liberties Union staff attorney specializing in speech, privacy, and technology, “school officials are not permitted to listen in on chatter at students’ private gathering with friends, or rifle through their private videos and photo albums” Solution: In Boston, Massachusetts, students created a “Know Your Rights” app for smartphones. students “can't defend [themselves] anywhere if [they] don’t know the type of rights [they] have”(Balonon-Rosen, 4). The smartphone app includes information on...
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Section 3: Students Right to Free Speech and Political Views |
Brown v Board: In 1954, one of the most prominent Supreme Court decisions was made when it ruled that “segregated public education is unconstitutional” (Supreme Court). In its ruling the Court argued that “in the field of public education the doctrine of ‘separate but equal’ has no place. Separate education facilities are inherently unequal…[and black students have been] deprived of equal protection” of the laws which are guaranteed by the Fourteenth Amendment (Hinchey, 19). Huge Problem: The First Amendment clearly forbids any authority, even Congress, from interfering with a citizen’s right to free speech and free expression. However, courts still have been trying to elucidate what exactly the First Amendment of the Constitution means, especially in schools for students.
What does the court think? “state operated schools may not be enclaves of totalitarianism. School officials do not possess absolute authority over their students. Students in schools as well as out of school are possessed of fundamental rights which the State must respect, just as they themselves must respect their obligations to the State… Students are entitled to freedom of expression of their views…[and] school officials cannot suppress ‘expressions of feelings with which they do not wish to content’”(Hinchey, 34). In 2002, Joseph Frederick, an eighteen year old senior, held a fourteen foot banner which read “Bong Hits 4 Jesus” across the street of his school as the Olympic torch passed by. Anti drug The court took into consideration the 1969 Tinker v Des Moines School District case stating that students have the right to engage in political speech. However, they also stated that there are limits to free speech in schools.
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Counterargument |
However, there is a scientific explanation for the development of teenagers and their behaviors. The brain continues to develop all of childhood years and early adulthood (AACAP).
An assistant professor of pediatric at NYU Medical Center stated that what students need is awareness, classes, and programs them teach them all that they wouldn’t ideally be taught in schools. |