Principles of Freedom in Education - Research Paper Example

Freedoms Affiliation with more information about affiliation, research grants, conflict of interest and how to contact. Student Freedoms One of the great things about our country is the fact that it gives its citizens freedom. Freedom is perhaps the most important rights anyone could ask for. Without having the freedom to express oneself, life becomes a cage where one cannot prosper. From the time our constitution has been drafted, one of the most controversial and debated is the first Amendment of the US constitution. The first amendment of the constitution provided that “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances” (The Pocket Constitution: U. S. Constitution – Amendment 1, 1995). It gives the citizen their rights to express themselves and gives them the right of speech. This freedom has been envied by many people all over the world as only a handful of countries allow their citizens such rights. However, one of the main concerns in today’s world is the misuse of the rights given to them. In schools students use this rights to break the school rules stating that it is indeed their constitutional rights to express themselves as they want. The constitution did provide us with the freedom of speech and press, but it is not right to take this freedom and say anything we want anywhere, at anytime. Freedom should be used but in no way should it be mis-used. The freedom of speech should be limited in public school as students need to adhere to the school rules and to maintain social stability, racial harmony and to protect the students from dangerous influences which can hamper their academic growth. Many people who are against banning freedom of expressions in school argues that censorship should not be done as the banning of ideas, thoughts and information in any stream is unconstitutional as the first amendment guarantees freedom of speech and the press. History has shown us time and again that man is an animal if not regulated by rules and regulations. If students are given the freedom to do what they want regardless of the school norms and regulations, the society as we know it will be chaotic. Freedom should not be taken for granted and should not be misused. Freedom of expressions should be limited in schools to maintain law and order. It should also be kept in mind that too much freedom for students can be a dangerous thing. Limiting the freedom of expressions in school makes sure that dangerous ideas, ideologies, philosophies and outlook does not disrupt the students. School rules and regulations are also solely motivated by morality and also the belief that exposure to too much negativity in any streams causes students to behave in a destructive ways. Schools have the right to discipline their students if the students behave in a vulgar way which can disrupt the harmony or influence the students in a negative way. One of the famous cases regarding schools right is Frederick v Morse. Joseph Frederick, who was a senior at Alaska Douglas High school, sued his school for suspending him for 10 days. Joseph Frederick, put up a 14 long chart at an Olympic torch relay in 2002. His banner read “Bongs hits 4 Jesus” He was suspended by the then high school Principal Deborah Morse for violating the school policy. The principal stand point was that Joseph Frederick violated the school policy by “promoting illegal substances at an event sanctioned by the school” (Free Speech Rights of Students: The Issue: When May Administrators in Public Secondary Schools and Colleges Restrict the Speech of Students?, n.d.). The Ninth Circuit Court of Appeals sided with Frederick based on the First Amendment rights. However, Kenneth Starr filed a petition for cert at the Supreme Court. In June 2007, a verdict was announced on the Frederick v Morse case. Justice Roberts, writing for five to four majorities stated that schools do have the rights to discipline its students who promote messages that are in conflict with anti- drug policies and students who disrupt the school activities. In this case, the court ruled out in favor of the schools. Schools need to have the authority to discipline students who do not comply with the school rules and regulation policy. When students are engaged in illegal activities such as promoting drugs, they should not be given the luxury of getting away based on the First Amendment rights. In this case, moreover, Joseph Frederick’s message hurt the sentiment of the Christians. He is clearly misusing his rights by hurting the sentiments of the Christians and promoting drugs. The court is rightly justified in using its power to enforce a community’s moral conviction and to prevent its member from engaging in activities that disrupt the morality and decency of the community. As stated earlier, rights should not be misused. The schools should be given the complete power to crack down on students who failed to adhere to discipline. At the same time, the schools should be careful not to misuse their powers to completely oppress their students Freedom of expression. There should be a line drawn between the students and school authorities on what can be acceptable and what should not be done in schools. One of the landmark cases dealing with students and their freedom of expressions versus the school is the Tinker case. The case was in 1965 where John Tinker and Mary Beth father sued the school for sending them home for wearing black armbands to protest against the Vietnam War. Prior to the event, the school has established a policy which permit students to wear several political symbols. However, they banned wearing armbands to protest against the Vietnam wars. The case first went to the district court where the court ruled that the school had not violated any rules by disciplining the children. However, the Tinkers appealed the case to the Supreme Court. The Supreme Court ruled in favor of the Tinkers in a majority of 7 – 2 decisions. The Supreme Court ruled out the Tinkers had the right to wear the armbands as it is their freedom. Justice Abe Fortas stated that students should not be forced to “shed their constitutional rights to freedom of speech or expression at the schoolhouse gate” (Des Moines, 1969). However the court did justify the schools does have the rights to establish rules which are related to school uniforms and disciplining students who disrupts the working of the school. But, the tinkers do not intrude on upon the working of the school nor violates the right of the other students. In the Tinker case, it ruled that the students are not violating the harmony of the school. They were simply protesting against the Vietnam War. However, Justice Hugo Black was against the court ruling and stated that the ruling could have a negative impact on the schools as well as the whole country. In the Tinker case, the court is right by protecting the Tinkers’ constitutional rights. However, there are particular rules and regulations which are implemented by the schools for the smooth functioning of the school administration. But, on the other hand, schools should not impose restrictions on the students if their behavior or speeches does not harm the other students. In the case of is Frederick v Morse , Joseph Frederick clearly misused his rights and violated not only the school rules and regulations, but at the same time promote illegal substance and hurt the sentiments of a Christian religion. However, In the Tinker’s case, there seems to be no harm caused by their actions except for violating the school rules. The schools should be given the rights to regulate the actions of their students.   There are many changes that need to be implemented to the existing laws to create fair education settings in terms of freedom of expressions. The schools should be given the rights to limit the freedom of expressions based on reasonable expectations. The schools should dictate the right to enforce dress codes on the students. They should also be given the rights to discipline their students if their actions cause material and physical damage to the school properties and the students. School is a place where the students are set up for life. So, schools administrators are entrusted with a huge responsibility, therefore they should be given the rights to discipline their students if their activities are deemed unfit for a school environment. However, the school authority should not over use their power on the students. They should also give the students enough space for their creativity and critical thinking to grow. The schools and the students should work together to achieve their common goals. Students need guidance to shape up their life and handing them information based on the beliefs and standards of the society is justifiable. As mentioned before, schools rules and regulations are also solely motivated by morality and also the belief that negative behavior in any streams form influences students to behave in a destructive ways. Limiting the students’ rights is needed in today’s world and it can be duly justified as it is pivotal to maintain social stability, racial harmony and to protect the students from dangerous influences which can hamper their social growth.  Reference List Free Speech Rights of Students: The Issue: When May Administrators in Public Secondary Schools and Colleges Restrict the Speech of Students?, (n.d.). Exploring Constitutional Conflicts. Retrieved Dec. 03, 2011, from http://law2.umkc.edu/faculty/projects/ftrials/conlaw/studentspeech.htm Des Moines, T. V. (1969). Tinker V. Des Moines: Student Speech, Symbolic Speech. Landmark Cases. Retrieved Dec. 03, 2011, from http://www.streetlaw.org/en/landmark/cases/tinker_v_des_moines The Pocket Constitution: U. S. Constitution – Amendment, (1995). U. S. Constitution Online. Retrieved Dec. 03, 2011, from http://www.usconstitution.net/xconst_Am1.html Read More