Dayton Daily News

Whatever happened to free student speech?

- By Jared Schroeder Jared Schroeder is an assistant professor of journalism at Southern Methodist University Dallas. He wrote this for InsideSour­ces.com.

Fifty years ago, the Supreme Court upheld the right of a 13-year-old and her friends to protest peacefully against American involvemen­t in Vietnam at their school.

The justices’ decision in the landmark free expression case Tinker v. Des Moines provided us with indelible imagery and a lasting statement about student free speech and symbolic expression.

In upholding the students’ decision to wear black armbands to school in 1965, the court reasoned, “It can hardly be argued that either students or teachers shed their constituti­onal rights to freedom of speech or expression at the schoolhous­e gate.”

Fifty years later, however, Tinker just isn’t what it used to be.

Years of Supreme Court decisions have left student expression rights at a crossroads.

Free speech in the public schools might just be the only area where First Amendment safeguards have narrowed, rather than expanded, in the past half century.

In Bethel v. Fraser in 1986, the court concluded a student’s speech, which was filled with sexual innuendos, could be limited. Justices explicitly stated their decision did not overturn Tinker, but reasoned administra­tors have a right to maintain educationa­l environmen­t.

This is a reasonable concern, but administra­tors have taken the rationale to extreme levels, halting expression rather than using it to teach students about civil discourse and the long-standing American value of protest and free speech.

Two years after Bethel, the court greatly narrowed student press rights in Hazelwood v. Kuhlmeier, providing school administra­tors the power to censor informatio­n students sought to publish in school media if it did not align with educationa­l objectives. Many administra­tors have used the ruling as an excuse to censor student publicatio­ns at whim.

As more and more issues become political and divisive, student free expression will continue to be challengin­g. Earlier this month, for example, a school district in Wisconsin banned the Confederat­e flag from its campuses, citing need to protect the educationa­l environmen­t.

New technologi­es are also complicati­ng what constitute­s the schoolhous­e gate, as students use social media to threaten, harass and shame classmates in ways that have repercussi­ons on campuses. Last spring, a high schooler in Alabama was given in-school suspension for criticizin­g administra­tors for not allowing students to take part in a walkout regarding gun violence in schools. Does the school have the power to penalize student expression when it’s done on their own time on their personal devices?

Tinker remains a valid Supreme Court precedent — something justices can draw from in future rulings — and its imagery of the schoolhous­e gate remains a compelling and commonly cited argument for student expression rights.

What Tinker lacks, and requires as it settles into middle age, is a renewed appreciati­on — from the courts, school administra­tors and parents — for what young people can contribute when they engage in matters of public concern and a recognitio­n that safeguardi­ng student speech is crucial to raising a generation that is not only aware of its rights, but knows how to exercise them.

 ??  ?? Schroeder
Schroeder

Newspapers in English

Newspapers from United States