STUDENTS' FREEDOM OF EXPRESSION IN PUBLIC SCHOOLS

Students' Freedom of Expression in Public Schools

Students' Freedom of Expression in Public Schools

Introduction

The purpose of this study was to analyze selected federal court cases that relate to students' freedom of expression and, speech to provide public school administrators with operational guidelines so that their policies and procedures for student expression and speech coincide with those of the Federal and State courts.

A private school can legitimately set standards for behavior outside of class. It could prohibit teachers and students are online friends, ban teachers express religious or political opinions online, and punish students for publishing pornographic images. Your last resort would be to dismiss or expel the student teacher.

Public schools complicate the picture. Mere association between teachers and students should be legal. However, to the extent that the Missouri law establishes guidelines for school district policy may not be a perfect answer in terms of the First Amendment. Most parents, who must finance the system, hope that there are some guidelines for staff of the school.

Significance of the Study

The Civil Rights Act of 1871 in its Section 1983 provides that public school administrators can be sued for damages for knowingly violating a student be clearly established right to free speech and expression. School officials' examination of the findings of this study will be useful in preventing potential lawsuits and, other litigation related to public school Students' First Amendment Rights.

Moreover, this study could be used to benefit both building level and district-level administrators in their professional development initiatives and local board members in evaluating their policies and procedures that relate to student behavior that deals with oral expression, student publications, and student dress.

Statement of the Problem

As with any constitutional principle, the notion of public school students' freedom of expression in the school setting is ever evolving. As illustrated by the Supreme Court's rulings prior to 1989 on this subject, the American court system demonstrates trends in juridical analysis as society changes.

As society evolves and the notion of “freedom of expression” becomes broader, a plethora of legal issues relates to students' constitutional rights that were not considered or addressed by the courts in and before 1988.

Discussion and Analysis

Throughout judicial history, the American courts can be called upon to strike a balance between the First Amendment rights of public school students and the expression of their personal viewpoints while on school premises or while participating in school-sponsored activities.

A public school can be considered a limited public forum when government officials open the school facilities for the public free speech and assembly. A public school can be considered a limited public forum when government officials open the school facilities for ubiquitous expression. Moreover, the First Amendment mandates that schools allow academic student speech to occur on school grounds, however, schools have the authority to control school-sponsored activities because it can be viewed that the school subscribes to the speech that can be being conveyed. Restrictions on school-sponsored speech are admissible when school officials have legitimate pedagogical ...