3008_Freedom of Expression
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Transcript of 3008_Freedom of Expression
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Freedom of Expression:
All people in the United States are guaranteed this right by the Constitution. Students,
however, do not have this right to the same extent as adults. This is because public
schools are required to protect all students at the school. The major aspects of this rightare speech and dress. Both the right to speech and dress are not absolute in public highschools. According to the American Civil Liberties Union: \"You (students) have a right
to express your opinions as long as you do so in a way that doesn\'t \'materially andsubstantially\' dirsupt classes or other school activities. If you hold a protest on the school
steps and block the entrance to the building, school officials can stop you. They canprobably also stop you from using language they think is \'vulgar or indecent\'(\"Ask
Sybil Libert\" ACLU 1998). Public schools can also restrict student dress. In 1987 inHarper v. Edgewood Board of Education the court upheld \"a dress regulation that
required students to \'dress in conformity wit hthe accepted standards of thecommunity\'\"(Whalen 72). This means that schools can restrict clothing with vulgarities
and such, but they cannot restrict religious clothing: \"School officials must accomodatestudent\'s religious beliefs by permitting the wearing of religious clothing when such
clothing must be worn during the school day as a part of the student\'s religiouspractice\"(Whalen 78).
Back to Student Rights in Public High School:Bibliography:
Religious Freedom:
The First Amendment to the United States Constitution states, \"Congress shall make nolaw respecting the establishment of religion, or prohibiting the free exercise thereof.\"
The right to freedom of religion includes the right to be free from religion: \"Publicschools are run by the government. Therefore, they must obey the First Amendment. This
means that they can teach about the influences of religion in history, literature, andphilosophy- they can\'t promote religious beliefs or practices as a part of the
curriculum...Also, students can be excused from some school activities if they conflictwith their religious beliefs\" (\"Ask Sybil Liberty\" 1998). The issue of religion has also
been brought up in regards to prayer and graduation. In 1992, the United States SupremeCourt in Lee v. Weisman stated, \"The First Amendment\'s Religion Clauses mean that
religious beliefs and religious expression are too precious to be either proscribed orprescribed by the State\" (Harrison and Gilbert 161). The court held that prayers at public
high school graduations are unconstitutional. However, students can pray and have prayergroups at school if the groups are not sponsored or endorsed by school officials.
Fair Treatment and Equality in Education:
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All students are guaranteed the right to equal education opportunity, despite their color,
race, religion, class, sex or citizenship. Brown v. Board of Education of Topeka, Kansasset the standard for the desegregation of public schools and this case also started the
movement for equal educational opportunities. The right to equal education also includes
students with disabilities because of the Americans with Disabilities Act. This means thatall students should have the same opportunities in public high schools. Fair treatment isbasically giving due process to all public high school students. This includes
guaranteeing hearings for suspended students. This was not recognized as a right until1975 and Goss v. Lopez. All students in public high schools are now entitled to due
process.Right to Private Records and Privacy
Student records contain information from test scores to health records. Students have theright to view these records only after they turn 18: \"Schools that recieve any federal
funding must make student records available by parents and students themselves if theyare 18 or older\" (\"Ask Sybil Liberty\" 1998). Depending on the state, teachers, social
workers, employers and the police may also have access to the records. Student privacy isthe right of a student to be secure in their person. When dealing with the privacy of public
high school students, the administration of that school has more power to restrict thatright than any other right of a student in public high school. In New Jersey v. T.L.O.,
Justice Byron White state, \"A school official may properly conduct a search of astudent\'s person if the official has a reasonable suspicion that a crime has been or is in
the process of being committed, or a resonable cause to believe that the search isnecessary to maintain school discipline or enforce school policies\"(Harrison and Gilbert
110). Students do not have an absolute right to privacy in public high schools.