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?

2nd Prize, Middle School
by M.M. from Pacific Grove Middle School

How Free Is Free?

Justice William O. Douglas stated, "Restriction of free thought and free speech is the most dangerous of all subversions. It is the one un-American act that could most easily defeat us."

When you think of America you think, freedom. Freedom of speech, freedom to dream, freedom to express. Do we have it? Even if we are students, are we free to express or is it slowly being censored and intellectually eroded away? Freedom of speech and expression is the essence of who we are as a nation. Our identity is tied to our freedoms. If the cornerstones of our first and fourteenth amendment were to be chipped away or stripped away, the very heart and soul of America would be damaged. Children may be minors but should still be afforded rights under the U.S. Constitution. Yet, these rights continue to be tested and challenged.

For example, in the Tinker case, (Tinker v. Des Moines Community School District, 1969), students freedom of speech was preserved according to the 1st and 14th amendments of the U.S. Constitution and the court ruled that the students had the right to wear the black armbands to school in protest of the Vietnam war. However, even in the Tinker case, students are not held up to the courts as adults, the caveat was given allowing the school some restriction of student expression by saying it must not be "substantially disruptive" expression. However, fundamentally, the court preserved the students freedom of speech with its ruling.

Since Hazelwood School District v. Kuhlmeier, (1988), when the court held that certain speech by students can be censored by the school if it is unacceptable to the school even if it is not profane or vulgar, it essentially paved the way to restrict more student expressions. In the Morse v. Frederick, (2007) case the U.S. Supreme Court went further and upheld the school's right to discipline a student who held up a pro drug banner because the school essentially disagreed with the student's expression. Although the dissent argued the banner caused no harm and the government censored the speech based on its message. This case demonstrates the disturbing trend of the erosion of student rights to express themselves freely. However, certain states like California, have freedom of speech section in the CA Education code to protect students. CA ED Code 48907 that provides an extra layer of protection of free speech and free expression for students that the U.S. Constitution does not.

Following the trend of the U.S. Supreme Court cases, it is worrisome that schools can censor and regulate speech of students without violating the U.S. Constitution. The recent court rulings reflect a less generous view of freedom for students than for adults under the constitution. However, we must not allow this erosion of rights. Censoring free speech and expression is a slippery slope. When you start restricting one groups right to expression and free speech it will undoubtly follow that it will be easier to censor and limit all forms of expressions for others.

There is still hope to preserve students freedom to express. In a recent 2008 case from the 8th Circuit Court of Appeals, the court upheld a ruling that found that Watson Chapel School District (WCSD) had violated students first amendment right when they suspended them for wearing protest black arm bands protesting the dress code and passing out pamphlets critical of the school policies. "The 8th Circuit was clearly rebuking the school district for claiming that punishing students for protesting an apparel policy was not as serious as punishing students for protesting national policy," said Rita Sklar, ACLU of Arkansas executive director.

It is up to all of us to know, preserve and protect our rights of free expression and speech. How free is free will always be the question, we must all strive to protect the answer.