Summary
Student speech is protected by the First Amendment, just
as is all other public speech. There are
certain instances however, where schools may censor student speech,
particularly if the speech is disruptive, interferes with learning, or is
offensive. Schools may also regulate
when and where students express themselves when linked to school activities,
especially if the speech is endorsed by the school or is of pedagogical
concern. Schools may also restrict
student speech to educate students in social graces. The only time off-campus
speech can be regulated by the school is if it is linked to the school or if a
true threat has been made.
Reflection
The lines between on- and off-campus
are increasingly blurred with internet access in classrooms and student accessibility
to the web through their personal internet-ready devices. The problem of cyberbullying and its reach into
the sanctuaries of students apart from the schoolyard only adds to this
blurring. While seeking a balance
between protection and panic, how do schools refrain from treading on student
free speech rights? We’ve come a long
way from the original Tinker case,
where students were suspended for wearing black armbands in protest of the
Vietnam War.
I am reminded for instance, of JazReynolds, an OU football player who was suspended for an insensitive
tweet. At the time of the incident, it
likely seemed that the indefinite suspension was perhaps an overreaction. However, this example falls under rules 6 and
9 – as a player for a well-known college football team, Mr. Reynolds is likely
to be viewed as an ambassador (and thus representing) the university. Additionally, the nature of his tweet was
definitely “inconsistent with the ‘shared values of a civilized social order’”
(Myers, McCaw, & Hemphill, 2011, p. 202).
Much of today’s student speech is
less about politics, seeming to fall primarily under the auspices of civilized
social order in the arena of social relationships. This can lead to mistakes in communication
that educators will often need to step in on.
When taking advantage of these teachable moments we need to keep in mind
the rights of our students to express themselves and help them learn how to do
so appropriately.
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