25th Annual Bill of Rights
Art and Essay Contest, 2008-2009

TOPIC:  Should students' rights to free speech and
              expression be limited or denied at school?

3rd Prize, High School
by J.C. from Pacific Grove High School

Free Speech in the School Environment

The First Amendment to the Constitution of the United States of America protects the rights to freedom of speech and expression. Americans are allowed equal protection under all laws within jurisdiction of those laws according to the Fourteenth Amendment, which includes school campuses at which students may freely express themselves. Although not specifically written in the Constitution, tradition and judicial rulings have determined that rights to free expression extend only as far as they do not infringe on the rights of others. Thus, due to informal amendments to the constitution, public school administrators can restrict students' rights to freedom of expression if the specific expression conflicts with the right of other students to learn.

Unreasonable censorship of peaceful non-distracting expression wrongly limits students' rights to free speech, so a line must be drawn to define objectionable speech and behavior. Students on public school campuses possess all of the same rights as other citizens, which likewise are limited so that the freedom of one individual does not limit the freedom of another. Outside of schools, individuals are not allowed to shout "fire" in a crowded building because the ensuing panic may result in injury to others. Thus, violent material that may provoke harm to others can be reasonably censored in order to maintain safety and order. Among adults, indecent exposure and lewd conduct in public is illegal according to penal codes that informally amend the constitution by forming policies not specifically mentioned in the original document. Therefore, public school rules that prohibit vulgar expression follow the laws that students will obey upon graduation, preparing students to conduct their adult lives as citizens respectful of others' rights. While the Founding Fathers did not mention drug use in the constitution, laws prohibiting use of certain substances and establishing age limits for the consumption of alcohol and tobacco products determine policy. Schools should not have the jurisdiction to punish students for activities conducted off campus, but in the recent court case of More v. Frederick (2007) a drug-related message was displayed by a student at a school-sponsored event. While the banner reading "Bong Hits 4 Jesus" did not distract from instruction, the principal's failure to make the student take down the sign would have consequently hurt the community by reflecting poorly on the school for condoning a message that goes against the laws of the United States. Despite exceptions needed to preserve schools as environments for learning, students still retain the right to freedom of expression.

Students should not be persecuted or treated unfairly due to the expression of unpopular beliefs, which, if peaceably expressed and legal, are protected by the constitution under the First Amendment. In Tinker v. Des Moines Community School District (1969), students held that they were wrongly suspended from school when they protested the Vietnam War by wearing black bands on their arms. The Supreme Court determined that the quiet and passive students had been unlawfully punished as they were not disruptive and their expression did not impinge upon the rights of others. As long as words or expressions of opinion do not detract from the learning environment, students should be encouraged to form their own views and stay updated with current events. In order to practice for when they are eligible to vote, students should be allowed to peacefully assemble in clubs advocating the cause of their choice as well as have the right to wear buttons or display posters on designated bulletin boards to express their beliefs. Any act to combat student apathy should be applauded, but school administrators should be permitted to interfere if activities inspire belligerence or defiance of the law.

Free speech is an essential right in America protected under the First Amendment to the Constitution, but freedom of expression can be limited to ensure safety and to maintain order. As free speech is limited in public according to certain laws, students may not speak or display opinions in a manner that encourages violence or supports dangerous and illegal activities such as drug use. Limits on free speech ensure the integrity of the school environment as a place for learning, but school administrators should bolster amicable expression of opinions by students. Obscene and harmful expressions do not further democracy and are not appropriate on a school campus, whereas protests, discussions, and debates foster growth. Students who are taught to respectfully express their opinions will carry on that lesson as they lead America into the future.