Expression is how you choose to show the world who you are and what you believe in. The First Amendment guarantees our right to free expression. This means that the government’s power is limited in being able to tell us what to say or believe. Expression includes your spoken and written words, how you dress, your tastes in art and music, what you post on the Internet, your decision to salute the flag or not, your participation in protests and rallies and even what clubs and organizations you choose to join. What about when I go to school? Do I have a right to express my opinions there?Yes! Students do not leave their First Amendment rights outside the schoolhouse door. This means you have some rights to express your opinions in school, but they can be limited to prevent major disruptions to classes and activities. But I read in the paper about a guy in Michigan who wasn't allowed to wear a T-shirt to school that showed President George W. Bush with the words "International Terrorist." What about his freedom of expression?You're right. In 2003, high school senior Bretton Barber was suspended from high school for wearing a t-shirt calling George W. Bush an "International Terrorist." With the ACLU's help, he challenged his suspension and won. Bretton wasn't interfering with the daily school activities by wearing a t-shirt, so the school couldn't discipline him for expressing his opinion or political viewpoint. Can a school prohibit any messages on t-shirts and buttons? Yes. As you’ll see in the next section, school officials can restrict students’ expression in school. But if the message your T-shirt or button delivers is religious or political (like a protest against something in the school), you have more rights and it is less likely that the school can legally prevent the message. Does that mean I can say what I want, when I want, as long as I don't disrupt school?Not exactly. For example, the Pennsylvania Code adds some restrictions on student speech. It says that students do have the right to express their opinion, but they can't do so in a way that: - Substantially and materially interferes with school activities;
- Threatens immediate harm to the welfare of the school or community;
- Encourages unlawful activity; or
- Interferes with another individual's rights
The Code also says that students: - Must follow libel and obscenity laws;
- Must "be aware of the full meaning of their expressions…and the feelings and opinions of others;"
- May have to put their names on posted or distributed materials; and
- May have to get approval before posting or distributing materials.
When my friend was giving a speech for school spirit week, he said some things that had a sexual "double meaning." We all thought it was funny, but he got detention. Can the school do that? What about freedom of speech?Yes, the school can punish your friend for using sexual innuendoes in his speech. Schools can stop students from using lewd, profane or offensive language at school assemblies and elsewhere around the school, too. I was sent to the principal’s office just for making a speech. We were in the middle of algebra, and I stood up to tell my class how I think it’s unfair that the health teacher got fired. I know it wasn’t related to class, but don’t I have a right to express my opinion? Students do have the right to express their opinions but this does not mean that they have a right to speak out in the middle of class on an unrelated topic. So, if no one is allowed to give a speech in algebra class, that is okay.Yes. But what if the teacher lets one person say what they think about the health teacher getting fired, but not another?That's different. If one student is allowed to express her or his opinion, then other students must be allowed to also. The same rules have to apply to everyone equally. The rules can't be used as an excuse for school officials to suppress ideas they don't like or to stop specific individuals from speaking.
|
