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Freedom of Speech

and 1st Amendment


Rights
“Restrictions of free thought and free
speech is the most dangerous of all
subversions. It is the one un-
American act that could most easily
defeat us.”

– William O. Douglas
Overview
 Freedom of speech definition

 Brainstorming activity

 Student speech

 Student first amendment rights

 Student newspaper rights

 Brainstorming 2

 Sexual harassment

 Brainstorming 3

 Records and student privacy


Freedom of Speech
 The right to say what we want, where we want, to speak
freely without censorship or limitations.

 Despite the constitutional guarantee of free speech in


the United States, legal systems have not treated
freedom of speech as absolute. Among the more obvious
restrictions on the freedom to say just what one likes
where one likes are laws regulating incitement, sedition,
defamation, slander and libel, blasphemy, the expression
of racial hatred, and conspiracy.
Brainstorming #1
How can limiting freedom of speech
affect students?

Have your first amendment rights been


violated in the past? If so, what was the
situation?
Restricting Student Speech
Tinker v. Des Moines Independent
Community School District (1969) –
students were suspended for wearing
antiwar armbands. The Supreme court
ruled in their favor stating the students
were wearing the black armbands as a
form of symbolic speech in protest of the
Vietnam War. The key point was that the
student’s actions were non disruptive, so it
was allowed.
Students’ First
Amendment Rights
 First Amendment Schools
encourage students to speak with
both passion and respect. Schools
must not only give their students
a voice; they must teach them
how to use their voices
responsibly. A school community
that values the voices of its
students gives its young people
the tools they need to develop
informed opinions and respect the
rights of others.
School Newspaper and Freedom of the
Press

 School newspapers have been an arena for


struggles over freedom of speech and freedom
of the press.

 A school may challenge a newspaper article if it


is inadequately researched, biased, prejudiced,
vulgar or profane, or unsuitable for immature
audience and not interfere with the freedom of
the press.

 A school need not tolerate student speech that is


inconsistent with its basic educational mission.
Brainstorming #2
What student newspaper article
subjects would you find appropriate.
What subjects are inappropriate?
Sexual Harassment
 Unwanted and unwelcome sexual
behavior which interferes with
your life.

 Many schools have sexual


harassment policies, however
studies revealed neither boys nor
girls are likely to report actually
incidents for fear of being labeled
a “snitch”

 All students have the right to


attend schools whose environment
are free from sexual harassment.
As a teacher, you cannot ignore
Brainstorming #3
What are different types of sexual
harassment? What would you do if you
saw sexual harassment occurring in
your classroom?
Records and Students’
Right to Privacy

 The U.S. Congress passed the Family Educational Rights


and Privacy Act in 1974.

 Also known as the Buckley amendment, it outlines who


may and who many not see a student's record and
under what condition. The amendment states that
federal funds will be denied to a school if it prevents
parents from exercising the right to inspect and review
their children’s educational records.

 The downside to the Buckley amendment is it does not


give parent the right to see a teacher’s or an
administrator’s unofficial records. For example, a
teacher’s private notes about a particular student may
not be inspected without a teacher’s consent.

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