Question

In what ways is the first amendment right guaranteeing freedoms of expression in speech and press related to student non-instructional rights? Give an example and relate it to a specific part of the annotation. What are some considerations under which free speech cannot be considered a protection in a school or educational situation. Give examples and state why.

Answer 1

Student non-instructional rights include many non-instructional activities   as follows:

• following and talking about a religion
• Discussing a social /political topic
• Publishing in the school newspaper
• Protesting against a cause

In Tinker v Des Moines, the Supreme Court upheld that students do not "shed their constitutional rights to freedom of speech /expression at the schoolhouse gate". Henceforth the first amendment protects non-instructional rights of students like the right to speech, the right to worship, the right to assemble, the right to protest and free press, as long as it does not materially invade the duties of class work and the rights of others

For example, students can wear black bands in protest against a social injustice (Tinker v. Des Moine- students wore black band against Vietnam War). This especially is in line with the annotation –freedom of speech/expression- in the first amendment - ” Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press, or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.”

However, Supreme Court decisions have also indicated that such rights under the first amendment can be secondary sometimes for the sake of achieving legitimate educational goals. (Hazelwood School District v. Kuhlmeier ).The school is not a public park and students are minors. Also such actions which disrupt class work or the rights of others are not protected by the first amendment.

For example

• articles in schools newspaper that is contrary to the educational mission of the school ( Hazelwood School v Kuhlmeier )
• Another example would be a school trying to discipline a student or punishing him for   launching an offensive speech ( Bethel School District v. Fraser)

In these cases, the students are not protected by the first amendment