Meeting GoalsMeeting Goalso Deepen working relationships Deepen working relationships

within and across school teams;within and across school teams;o Acquire skills andAcquire skills and resources for use resources for use

in institutionalizing school change;in institutionalizing school change;o Revisit and deepen understanding Revisit and deepen understanding

of First Amendment issues;of First Amendment issues;o Share successes and work through Share successes and work through

struggles, both among and across struggles, both among and across leadership teams;leadership teams;

o Plan for 2005-2006 school year.Plan for 2005-2006 school year.

Weekend NormsWeekend Norms

o Seek Understanding;Seek Understanding;o Support each other’s learning;Support each other’s learning;o If you wonder it, ask it;If you wonder it, ask it;o Make it safe to take risks;Make it safe to take risks;o Value our different perspectives.Value our different perspectives.

How Free Should Students Be?How Free Should Students Be?Exploring Free Expression Issues in Exploring Free Expression Issues in

SchoolsSchools

The First AmendmentThe First Amendment Congress shall make no Congress shall make no

law respecting an law respecting an establishment of establishment of religion, or prohibiting religion, or prohibiting the free exercise thereof; the free exercise thereof; or abridging the freedom or abridging the freedom of speech, of the press; of speech, of the press; or the right of the people or the right of the people peaceably to assemble, peaceably to assemble, and to petition the and to petition the government for a redress government for a redress of grievances.of grievances.

The Future of the First The Future of the First Amendment?Amendment?

Knight Foundation Survey – January Knight Foundation Survey – January 20052005

o Nearly three-fourths of high school Nearly three-fourths of high school students say either they don't know how students say either they don't know how they feel about the First Amendment or they feel about the First Amendment or they take it for granted. they take it for granted.

o Students (51%) are less likely than adults Students (51%) are less likely than adults (80%) to think that people should be (80%) to think that people should be allowed to express unpopular opinions. allowed to express unpopular opinions.

o Most administrators say student learning Most administrators say student learning about journalism is a priority for their about journalism is a priority for their school, but less than 1 in 5 think it is a school, but less than 1 in 5 think it is a high priority, and just under a third say it high priority, and just under a third say it is not a priority at all. is not a priority at all.

How well do How well do educatorseducators know the First Amendment?know the First Amendment?

Can you name any of the Can you name any of the specific rights that are specific rights that are guaranteed by the First guaranteed by the First Amendment?Amendment?

Freedom of the Press Freedom of the Press 22%22%Freedom of Speech Freedom of Speech 73%73%Freedom of Religion Freedom of Religion 25%25%Right to PetitionRight to Petition 6% 6%Right of AssemblyRight of Assembly 18%18%Don’t KnowDon’t Know19%19%

Do students in public Do students in public schools have First schools have First

Amendment rights?Amendment rights?

□ □ YesYes□ □ NoNo□ □ It dependsIt depends

The First Amendment in The First Amendment in SchoolsSchools

o 1791: “Congress shall make no law . . .”1791: “Congress shall make no law . . .”o 1908: Students suspended for poem 1908: Students suspended for poem

critical of their teacher – “Such power critical of their teacher – “Such power is essential to the preservation of is essential to the preservation of order, decency, decorum, and good order, decency, decorum, and good government in the public schools.”government in the public schools.”

o 1925: 1925: Gitlow v. New YorkGitlow v. New York – First – First Amendment applies to states via Amendment applies to states via Fourteenth AmendmentFourteenth Amendment

The Fourteenth Amendment The Fourteenth Amendment (1868)(1868)

o Section 1 – No State shall make or Section 1 – No State shall make or enforce any law which shall abridge enforce any law which shall abridge the privileges and immunities of the privileges and immunities of citizens of the United States; nor citizens of the United States; nor shall any state deprive any person of shall any state deprive any person of life, liberty, or property, without due life, liberty, or property, without due process of law; nor deny to any process of law; nor deny to any person within its jurisdiction the person within its jurisdiction the equal protection of the laws.equal protection of the laws.

Do the Rules Do the Rules Change for Change for Teachers?Teachers?And if so, how?And if so, how?

Teacher Rights & Teacher Rights & ResponsibilitiesResponsibilities

o TinkerTinker (1969): “It can hardly be argued (1969): “It can hardly be argued that either teachers or students shed that either teachers or students shed their constitutional rights to freedom of their constitutional rights to freedom of speech or expression at the schoolhouse speech or expression at the schoolhouse gate.”gate.”

o Pickering Pickering (1968): “The problem in any (1968): “The problem in any case is to arrive at a balance between the case is to arrive at a balance between the interests of the teacher, as a citizen . . . interests of the teacher, as a citizen . . . And the interest of the State, as an And the interest of the State, as an employer.”employer.”

Is absolute neutrality on Is absolute neutrality on political matters political matters necessary from a necessary from a

classroom teacher?classroom teacher?□ □ YesYes□ □ NoNo□ □ It dependsIt depends

Free Expression or Free Expression or Coercion?Coercion?

WWhich of the following types of hich of the following types of clothing are protected forms of clothing are protected forms of

student expression?student expression?

The Tinker StandardThe Tinker StandardTinker v. Des Moines Independent School Tinker v. Des Moines Independent School

Dist. (1969)Dist. (1969)Student speech Student speech cannot be censored cannot be censored as long as it does as long as it does not “materially not “materially disrupt class work disrupt class work or involve or involve substantial substantial disorder or disorder or invasion of the invasion of the rights of others.”rights of others.”

International TerroristInternational Terrorist

Saving Your AssSaving Your Ass

The Fraser StandardThe Fraser StandardBethel School District No. 403 v. Fraser (1986)Bethel School District No. 403 v. Fraser (1986)

Because school Because school officials have an officials have an “interest in teaching “interest in teaching students the students the boundaries of socially boundaries of socially appropriate behavior,” appropriate behavior,” they can censor they can censor student speech that is student speech that is vulgar or indecent, vulgar or indecent, even if it does not even if it does not cause a “material or cause a “material or substantial substantial disruption.”disruption.”

Heritage or Hate?Heritage or Hate?

Split OpinionsSplit Opinionso ““School officials are not School officials are not

required to wait until required to wait until disorder or invasion disorder or invasion occurs.” They merely occurs.” They merely need “the existence of need “the existence of facts which might facts which might reasonably lead school reasonably lead school officials to forecast officials to forecast substantial disruption.”substantial disruption.”--Phillips v. Anderson --Phillips v. Anderson School District, 1997 School District, 1997 (South Carolina)(South Carolina)

o ““The plaintiffs wore the The plaintiffs wore the shirts to express a certain shirts to express a certain viewpoint and that viewpoint and that viewpoint was easily viewpoint was easily ascertainable by an ascertainable by an observer. . . . . [T]he school observer. . . . . [T]he school board enforced the dress board enforced the dress code in an uneven and code in an uneven and viewpoint-specific manner, viewpoint-specific manner, thereby violating core thereby violating core values of the First values of the First Amendment.Amendment.--Castorina v. Madison --Castorina v. Madison County School BoardCounty School Board , 2001 , 2001 (Kentucky)(Kentucky)

Straight Pride.Straight Pride.

o RIGHTS – Inalienable RIGHTS – Inalienable o RESPONSIBILITIES – RESPONSIBILITIES – MutualMutual

o RESPECT – RESPECT – UnconditionalUnconditional

The Three R’sThe Three R’s

How Can Schools Be How Can Schools Be Both Free and Both Free and Responsible?Responsible?

o Be Be proactive, proactive, notnot reactive reactive..o Be Be authoritative,authoritative, not not authoritarianauthoritarian..

o Stress that Stress that howhow we we debate, not just debate, not just whatwhat we we debate, is critical.debate, is critical.

A New Standard?A New Standard?Maintaining a school community of Maintaining a school community of tolerance includes the tolerance of tolerance includes the tolerance of such viewpoints as expressed by such viewpoints as expressed by ‘Straight Pride.’ . . . The Court does ‘Straight Pride.’ . . . The Court does not disregard the laudable intention of not disregard the laudable intention of Principal Babbitt to create a positive Principal Babbitt to create a positive social and learning environment by his social and learning environment by his decision, however, the constitutional decision, however, the constitutional implications and the difficult but implications and the difficult but rewarding educational opportunity rewarding educational opportunity created by such diversity of viewpoint created by such diversity of viewpoint are equally as important and must are equally as important and must prevail under the circumstances.prevail under the circumstances.Judge Donovan W. FrankJudge Donovan W. Frank Chambers v. BabbittChambers v. Babbitt

The Power of Student The Power of Student VoiceVoice

In 1960, when students In 1960, when students all over the South all over the South started sitting-in at started sitting-in at lunch counters… I knew lunch counters… I knew that as they were sitting that as they were sitting in, they were really in, they were really standing up for the best standing up for the best in the American dream, in the American dream, and taking the whole and taking the whole nation back to those nation back to those great wells of democracy great wells of democracy which were dug deep by which were dug deep by the Founding Fathers in the Founding Fathers in the Declaration of the Declaration of Independence and the Independence and the Constitution.Constitution.