ED506 Chapter 4 Reading Questions 1.How does the constitutional right to freedom of speech differ for students in a public school compared to that of an ordinary person in everyday life in the public sphere? What are some of the landmark court decisions that establish guidelines regarding what forms of student speech can or cannot be limited? In general, how is one to determine what these limits should be? The constitutional right to freedom of speech does indeed differ for students compared to ordinary people. In school, students have free expression rights, but it cannot extend to derogatory, disrespectful, profane, or vulgar speech. This also refers to not wearing attire that is gang related, offensive, or inappropriate. Outside of school doors, students can say what they want and wear what they want. School-sponsored speech is also mandatory. Educators do not eliminate the First Amendment by editorial activities, meaning that if a student published something in the school newspaper, educators have the right to remove it if they seem it is necessary. This was founded in the Hazelwood School District v. Kublmeier(1988). Educators can also restrict student speech and what students say at a school event. For example, if speech or a sign is reasonably viewed as promoting illegal drug use students can get in trouble for doing so. This was founded in theMorse v. Frederick case (2007) when a student held a banner at a game that stated, "Bong Hits 4 Jesus." When a situation arises, admin can determine what the limits should be by knowing that students have freedom of speech/expression if it doesn't cause a disruption at school or interfere with the rights of others. Schools can prohibit speech that is vulgar or offensive and even restrict speech that is "inappropriate." 2.The courts have come to contradictory conclusions regarding limitations on student dress. What are the criteria that have been used in various cases to evaluate the legitimacy of requiring uniforms or banning certain forms of student dress? Be sure to cite the cases from which these decisions have come. According to page 69 in the text, courts have supported banning of sagging pantsBivens v. Albuquerque Public Schools, 1995.The wearing of "Drugs Suck" t-shirtsBroussard v. School Board of City of Norfolk, 1992.Gang membership clothing or symbols can be band only if there is a gang problem or disruptive behavior like in thecases Chalifoux v. New Cancy Independent School District, 1997andJeglin v. San Jacinto Unified School District, 1993. In Texas, a court concluded that the First Amendment does not protect the choice of clothing in thecase Littlefield v. Forney Independent School District, 2000.As well as the caseCanady v. Bossier Parish School District, 2001that concluded that school boards have the right to constitute what is appropriate attire/dress in school. The criteria that have been used in various cases to evaluate the requirement of uniforms or banning certain forms of student dress includes these policies found on page 69. It says that viewpoint-specific cases can have a higher level of scrutiny, that school officials have discretion in prohibiting obscene/vulgar clothing that causes disruption and even more discretion is allowed if the speech or dress can be considered school sponsored. The concept of school unforms has gained judicial support, which caused states to allowed implementation to schools but is not a requirement by the state. The policies and proponents for school uniforms suggest that there are five things that are beneficial, this is founded on page 71. It says that uniforms can decrease violence, prevent gang related attire, helps instill discipline and students can concentrate, and it also aids in the recognition of intruders.
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