Preview

Freedom of Expression

Good Essays
Open Document
Open Document
769 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Freedom of Expression
Freedom of Expression:
All people in the United States are guaranteed this right by the Constitution. Students, however, do not have this right to the same extent as adults. This is because public schools are required to protect all students at the school. The major aspects of this right are speech and dress. Both the right to speech and dress are not absolute in public high schools. According to the American Civil Liberties Union: "You (students) have a right to express your opinions as long as you do so in a way that doesn 't 'materially and substantially ' dirsupt classes or other school activities. If you hold a protest on the school steps and block the entrance to the building, school officials can stop you. They can probably also stop you from using language they think is 'vulgar or indecent '("Ask Sybil Libert" ACLU 1998). Public schools can also restrict student dress. In 1987 in Harper v. Edgewood Board of Education the court upheld "a dress regulation that required students to 'dress in conformity wit hthe accepted standards of the community '"(Whalen 72). This means that schools can restrict clothing with vulgarities and such, but they cannot restrict religious clothing: "School officials must accommodate student 's religious beliefs by permitting the wearing of religious clothing when such clothing must be worn during the school day as a part of the student 's religious practice"(Whalen 78).
Back to Student Rights in Public High School:
Bibliography:
Religious Freedom:
The First Amendment to the United States Constitution states, "Congress shall make no law respecting the establishment of religion, or prohibiting the free exercise thereof." The right to freedom of religion includes the right to be free from religion: "Public schools are run by the government. Therefore, they must obey the First Amendment. This means that they can teach about the influences of religion in history, literature, and philosophy- they can 't promote religious



Bibliography: Religious Freedom: The First Amendment to the United States Constitution states, "Congress shall make no law respecting the establishment of religion, or prohibiting the free exercise thereof." The right to freedom of religion includes the right to be free from religion: "Public schools are run by the government. Therefore, they must obey the First Amendment. This means that they can teach about the influences of religion in history, literature, and philosophy- they can 't promote religious beliefs or practices as a part of the curriculum...Also, students can be excused from some school activities if they conflict with their religious beliefs" ("Ask Sybil Liberty" 1998). The issue of religion has also been brought up in regards to prayer and graduation. In 1992, the United States Supreme Court in Lee v. Weisman stated, "The First Amendment 's Religion Clauses mean that religious beliefs and religious expression are too precious to be either proscribed or prescribed by the State" (Harrison and Gilbert 161). The court held that prayers at public high school graduations are unconstitutional. However, students can pray and have prayer groups at school if the groups are not sponsored or endorsed by school officials. Fair Treatment and Equality in Education: All students are guaranteed the right to equal education opportunity, despite their color, race, religion, class, sex or citizenship. Brown v. Board of Education of Topeka, Kansas set the standard for the desegregation of public schools and this case also started the movement for equal educational opportunities. The right to equal education also includes students with disabilities because of the Americans with Disabilities Act. This means that all students should have the same opportunities in public high schools. Fair treatment is basically giving due process to all public high school students. This includes guaranteeing hearings for suspended students. This was not recognized as a right until 1975 and Goss v. Lopez. All students in public high schools are now entitled to due process. Right to Private Records and Privacy Student records contain information from test scores to health records. Students have the right to view these records only after they turn 18: "Schools that receive any federal funding must make student records available by parents and students themselves if they are 18 or older" ("Ask Sybil Liberty" 1998). Depending on the state, teachers, social workers, employers and the police may also have access to the records. Student privacy is the right of a student to be secure in their person. When dealing with the privacy of public high school students, the administration of that school has more power to restrict that right than any other right of a student in public high school. In New Jersey v. T.L.O., Justice Byron White state, "A school official may properly conduct a search of a student 's person if the official has a reasonable suspicion that a crime has been or is in the process of being committed, or a resonable cause to believe that the search is necessary to maintain school discipline or enforce school policies"(Harrison and Gilbert 110). Students do not have an absolute right to privacy in public high schools.

You May Also Find These Documents Helpful

  • Good Essays

    As a very high priced and respected legal advisor I would advise Ms. Charmander of her legal rights. I would also advise her of her duties as a teacher. In this scenario Ms. Charmander has an academic freedom to decide what she wants to teach in her classroom. She also feels as if the Pledge of Allegiance is promoting the endorsement of religion. Which is not allowed in a public school setting. Her students also have a 1st amendment right to hear and say the Pledge of Allegiance. The state cannot prevent people from practicing or expressing themselves as long as they are not disruptive. Ms. Charmander also has the responsibility to teach what the school has set in their curriculum. Teachers are generally allowed some of their own freedoms in how they deliver their curriculum. In this case it seems if the school is set on this particular subject. In fact…

    • 546 Words
    • 3 Pages
    Good Essays
  • Good Essays

    must respect students’ rights to privacy. Ultimately, the Supreme Court voted 6­3 in favor of…

    • 354 Words
    • 1 Page
    Good Essays
  • Good Essays

    Because the states have no competence in religious matters, government is prohibited from sanctioning any particular religion by codifying its confession of faith into civil law. The first amendment is freedom, do we have that today, school budgeting and finance is not a…

    • 413 Words
    • 2 Pages
    Good Essays
  • Good Essays

    Privacy is something we value and may take for granted; however, there are occasions when an invasion of privacy may be justified. If privacy is to be breached, there must be compelling evidentially based reasons (legal, moral or prudential) for doing so. For example – parents have a vested interest in their children’s education, and in how they are performing. Information shared by the school with the parents regarding how their child is performing can assist parents to best support their child’s educational development. This is a clear, but very justified, breach of the child’s privacy. Another justifiable breach of privacy is when there is a clear palpable health risk to others, such as students being exposed to contagious diseases. Breach of privacy in this instance means that parents and the community can take the appropriate steps to contain and eliminate the problem.…

    • 637 Words
    • 3 Pages
    Good Essays
  • Good Essays

    In school student rights can be limited. There are several court cases that cover these rights. Here are a couple of them.…

    • 325 Words
    • 2 Pages
    Good Essays
  • Good Essays

    Life, liberty, and the pursuit of happiness. Three rights that the United States Declaration of Independence mentions as unalienable rights endowed to them. Many people know these rights, many people have heard of them; what many people don’t realize is that the Declaration of Independence says “We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness (United States Congress).” This document is the foundation of our country and in order to completely remove religion from schools then accurately teaching the history of our country would have to be taken out as well. Christianity is the only…

    • 1043 Words
    • 5 Pages
    Good Essays
  • Good Essays

    If schools had dress codes it would create mass anger. Students will get mad that they can’t have a right to express themselves, and people would pull out the “un-constitutional” argument. It’s best that only certain schools have dress codes, like catholic ones, which are traditional. There should only be codes or laws made if student’s self expression is out-of-hand or disrespectful. The…

    • 480 Words
    • 2 Pages
    Good Essays
  • Satisfactory Essays

    As to the issue of stifling personal expression, this is something that children are going to have to learn sooner or later anyway. As we grow up we find that there are times and places in which certain things are appropriate or inappropriate. A school is much like a workplace, and workplaces often disallow anything that might detract an employee from work or cause them strife with other workers. Children will have plenty of times…

    • 399 Words
    • 2 Pages
    Satisfactory Essays
  • Better Essays

    I was asked to discuss a political issue from the perspective of political science. And while this is not meant to discuss the educational system of America, I will use the system of education to discuss a serious paradox that affects every citizen in some way, the separation of Church and State. Ever since the founding of this country Americans have been involved in what may be the most widespread, nation wide debate. This is the separation of Church and State. Now, before continuing there must be some definitions which must be elaborated on. Dictionary.com defines religion as: re•li•gion –noun 1. a set of beliefs concerning the cause, nature, and purpose of the universe. This is what I will be referring to when I say the term religion. When I refer to Religion I will be referring to the serving and worshiping of God, a god or any number of gods, or any mystic or supernatural being. Many people bring up the argument that prayer in public schools should not be allowed. That the ideology or the body of doctrine, myth, or belief that guides an individual, that is presented in the Bible should not be taught. That Religion should not be taught in any way. However, keep in mind that the Bible used to be a textbook in schools, also that, up until not too long ago prayer would be what begins a day at school. Christianity was taught as a subject, until the teachings of Darwin came along and suddenly evolution is the new curriculum, taught as fact when it is, in fact, still theory.…

    • 1106 Words
    • 5 Pages
    Better Essays
  • Better Essays

    Beyond the school context, not all speech is protected. Speech that has a high societal/individual interest and low state interest (such as political speeches) has the most amount of protection. Speech with low societal/individual interest and high state interest (obscenity, defamation, fighting words, etc.) has the least amount of protection. The state can also impose time, place, and manner restrictions on speech (for instance, limiting the volume of a speech). In general, you don’t have the right to say whatever you want, whenever you want. However, the government has to have a legitimate interest in what you’re saying or how you’re saying it in order to restrict you.…

    • 1657 Words
    • 7 Pages
    Better Essays
  • Good Essays

    freedom of speech

    • 772 Words
    • 4 Pages

    Freedom of speech secures an important place in democracy. Everyone has the right to speak, express ideas and beliefs. But speech has never been free absolutely. It is limited when it conflicts with the values and rights. It is meaningless to speak on the things that do not have relevant evidences or can’t be justified. There are laws against the offensive speech. Freedom of speech also referred as the freedom of expressions is the right to put forth the ideas, beliefs or expressions until it doesn’t harass anyone. Freedom of speech is the key tool of media ad there are various laws to protect the freedom of press. This freedom is sometimes misused. An anonymous media known as Wikileaks has been accused of releasing irrelevant and incorrect information. Such information sometimes proves devastating to people, organizations or countries.…

    • 772 Words
    • 4 Pages
    Good Essays
  • Powerful Essays

    Freedom of Expression

    • 1588 Words
    • 7 Pages

    ‘Freedom of expression’ is an amalgamation of several concepts and rights that includes freedom of speech and choice of what a person is allowed to say, do, hear, feel or express. If we break down the words and analyse them from their core, the simple meaning according to various dictionaries of freedom is ‘the power to determine action without restraint’ or ‘exemption from external control, interference, regulation, etc’ this implies that freedom is liberty without constraints, whereas expression is nothing but the act of putting forth things in words or describing or expressing current emotions through multiple means at different levels, for example spiritual, mental, physical or social.…

    • 1588 Words
    • 7 Pages
    Powerful Essays
  • Good Essays

    The United Nations Universal Declaration of Human Rights, 1 adopted in 1948, provides, in Article 19, that:…

    • 2167 Words
    • 9 Pages
    Good Essays
  • Good Essays

    According to the First Amendment to the U.S. Constitution protects every individual’s freedom of speech: his or her right to express artistic, religious, and political viewpoints. Students should have the right to express themselves as they wish, not when a teacher or administrator permits them to. Wearing school uniforms is a significant obstacle for a child’s self-expression. It is not a secret that children are much more artistic than many adults; besides, in middle school, students often experience an increased need to be unique and special. The clothes one wears is one of the most available means of self-expression,…

    • 477 Words
    • 2 Pages
    Good Essays
  • Good Essays

    Freedom of Speech

    • 396 Words
    • 2 Pages

    With varying opinions and beliefs, our society needs to have unlimited freedom to speak about any and everything that concerns us in order to continually improve our society. Those free speech variables would be speech that creates a positive, and not negative, scenario in both long-terms and short-terms. Dictionary defines Freedom of Speech as, “the right of people to express their opinions publicly without governmental interference, subject to the laws against libel, incitement to violence or rebellion, etc.” Freedom of speech is also known as free speech or freedom of expression. Freedom of speech is also known as freedom of expression because a person’s beliefs and thoughts can also be expressed in other ways other than speech. These ways could be art, writings, songs, and other forms of expression. If speaking freely and expressing ourselves freely is supposed to be without any consequence, then why are there constant law suits and consequences for people who do. Freedom of speech and freedom of expression should be exactly what they mean.…

    • 396 Words
    • 2 Pages
    Good Essays