• We’re currently investigating an issue related to the forum theme and styling that is impacting page layout and visual formatting. The problem has been identified, and we are actively working on a resolution. There is no impact to user data or functionality, this is strictly a front-end display issue. We’ll post an update once the fix has been deployed. Thanks for your patience while we get this sorted.

Do children have a 1st amendment right to freedom of speech? Case in point...

Already over and done with.

"Public Affairs Officer Jade Fulce with the Department of Defense Education Activity released the following statement the morning after ABC11 reported the incident:

"Students are at the heart of everything we do. After further review of our dress code policies, we realized that the shirt did not violate our policies. The school reached out to the parents and apologized that same day."

https://abc11.com/education/cumberl...fter-teachers-found-shirt-offensive-/5137538/
 
Victorian Gray said:
Already over and done with.

"Public Affairs Officer Jade Fulce with the Department of Defense Education Activity released the following statement the morning after ABC11 reported the incident:

"Students are at the heart of everything we do. After further review of our dress code policies, we realized that the shirt did not violate our policies. The school reached out to the parents and apologized that same day."

https://abc11.com/education/cumberl...fter-teachers-found-shirt-offensive-/5137538/
Click to expand...
The question still stands...….but I am glad that it is over with...too bad the faculty of the school was not made aware of that at the time.....
 
https://www.criminaldefenselawyer.com/resources/dont-kids-have-1st-amendment-rights.htm
The First Amendment to the U.S. Constitution guarantees freedom of expression. Students in public schools are clearly covered by the First Amendment. In 2011, the U.S. Supreme Court reaffirmed the First Amendment Rights of minors in a decision holding that a California law that restricted minors’ access to violent video games violated the First Amendment. (Brown v. Entertainment Merchants Association, 131 S.Ct. 2729 (2011).)


But, the Supreme Court has also made clear that students do not enjoy the full extent of First Amendment rights that adults do. In several decisions, the Supreme Court has balanced the free speech rights of students against the legitimate need of school officials to maintain a safe, functional, and productive educational environment. After all, a school is not a public square where people come and go at will and are allowed, in general, to speak freely. A school has a particular mission—to educate students—and the First Amendment allows schools to institute policies and rules that promote that mission, even at the cost of a reasonable limitation on student expression.


Under the Supreme Court’s decisions, a school may not interfere with a student’s right of free expression unless that speech:


  • will “materially and substantially disrupt” the school environment
  • is done in a manner that is lewd or vulgar
  • is presented as if endorsed by the school, or
  • promotes illegal drug use.

This is not necessarily a list of the only limitations a school may constitutionally impose on student expression. First Amendment law is a dynamic area of law and we can expect future decisions by courts on student free speech parameters.


Under these acceptable limitations, if your debate with your classmate had prevented the class from its mission of physics instruction, the school could have legitimately intervened. Or, if you had taken the debate out into the hall and escalated it to a shouting match that disrupted classes, the school could have stopped you.


However, a reasonable debate in class about a topic in course materials is probably protected speech.
 
OP's question needs to be re-framed. It isn't whether "children" have a right to free speech. It's whether students do. Schools can make rules to prevent "disruption" of educational activities. Which applies in public universities where the students are almost all legal adults.
 
It seems to me that if children have first amendment rights, they also have second amendment rights. I don't recall seeing anything that allows us to pick which rights they get.
 
Students at public schools do not have freedom of speech at the school. They are there to learn not run their mouth and disrupt the education of others. Schools have to have structure and teachers are in charge in the classroom. As long as the USA and local government and taxpayers are providing the education, the students must follow the rules.
 
piasabird said:
Students at public schools do not have freedom of speech at the school. They are there to learn not run their mouth and disrupt the education of others. Schools have to have structure and teachers are in charge in the classroom. As long as the USA and local government and taxpayers are providing the education, the students must follow the rules.
Click to expand...

Have you been living under a rock for the past 20, 30... years?

There have been numerous court rulings that uphold students right to political speech.
 
piasabird said:
Students at public schools do not have freedom of speech at the school. They are there to learn not run their mouth and disrupt the education of others. Schools have to have structure and teachers are in charge in the classroom. As long as the USA and local government and taxpayers are providing the education, the students must follow the rules.
Click to expand...
Ok gramps!
 
The only real question is are children people? If so then they have all the same rights as any other person. That is what our constitution says.
 
You must log in or register to reply here.
Back
Top