Teachers And Students Do Not Shed Their Rights At The School House Gate
"Teachers and students do not shed their rights at the school house gate." The courts have been pretty clear on the rights teachers and students have.
One of the most famous cases is Tinker v. Des Moines, the Supreme Court of the United States decided that student political speech could not be restricted or punished unless school authorities could prove that the action "would materially and substantially interfere with the requirements of appropriate discipline in the operation of the school" or impinge upon the rights of other students. The students did have the right to wear their armbands.
On April 26, 1983, Matthew Fraser, a student at Bethel High School in Bethel, Washington, delivered a speech nominating a fellow student for a student elective office. Approximately 600 high school students, from ages 14 to 18, were required to attend the assembly or to report to study hall. The assembly was part of a school-sponsored educational program in self-government. During the entire speech, Fraser referred to his candidate in terms of "elaborate, graphic, and explicit sexual metaphor." However, no obscene language was used. Fraser discussed his speech with three of his teachers. Two of the teachers testified at the trial that they informed Matthew the speech was "inappropriate and that he probably should not deliver it." They also mentioned that the speech might have "severe consequences," but none of the three suggested that the speech might violate a school rule. Matthew gave his speech, during which a school counselor observed the reaction of students. Some hooted and yelled; others appeared to be bewildered and embarrassed by the speech. One teacher reported that on the day following the speech, she found it necessary to forego a portion of the scheduled class lesson in order to discuss the speech with the class.
The court ruled that the school has an obligation and responsibility not to expose kids to vulgar speech.
...
View Full Essay