The Overreach of the Administration | Teen Ink

The Overreach of the Administration

May 24, 2016
By @MSVT BRONZE, South Burlington, Vermont
@MSVT BRONZE, South Burlington, Vermont
1 article 0 photos 0 comments

The evolution of society is most recognizable through the thoughts and actions of people. As modern society continues to develop, the beliefs of populations, cultures, and people change. What used to be considered acceptable to say and do, is no longer politically correct. Politically incorrect language, spoken by random people on the streets, on social media, or in other forms of speech can be responded to with threats from random people that hear, hear of, or see the politically incorrect language, but unfortunately, attempts to stop free speech does not stop at school gates. Free speech, one of our first amendment rights, has started to be infringed upon by authoritative figures all around the country, as faculty, staff, and administrators attempt to control what students say so that schools may be a safe place. But infringing on a student’s right to free speech due to administrators being oversensitive is unacceptable. Schools have become overly sensitive to free speech in high schools.
            

In high school, expressing ourselves is something we pride ourselves in. Attend a public high school, and wearing whatever we would like, allows each student to express who the unique person within them is. It is common knowledge that, “While school boards are generally allowed to create and enforce dress code programs within their districts, they must do so without violating the constitutional rights of students” (School). Freedom of speech, freedom of press, and freedom of dress, are forms of self-expression that should be limited only at a very basic and low level and with reasonable justification. This level, which is not defined, should be defined. I believe the low level should be based on not verbally disrupting a class, and not directly targeting any specific person or group of people. In the modern world, someone will always be offending someone through action or word. I believe that protection of high school students is unnecessary, but rather there is a need to educate students how to be respectful citizens. Students should have the right to express themselves respectfully in school. But unfortunately administrators step in, and force students to stop their forms of free speech due to someone, or some group, feeling offended.
           

In the landmark first amendment Supreme Court case Tinker vs. Des Moines, the Court ruled that schools may limit student expression if there is a legitimate concern that such expression will be disruptive to the learning environment or violate the rights of others (Tinker).  Tinker wore black armbands, an article of clothing, to school to protest the Vietnam War, which is what started the case. It was ruled that Tinker could wear her armband because there was no evidence that the armband would disrupt learning. In 2010, some students near San Jose wore shirts with American flags to school on Cinco de Mayo. The students were instructed to cover the image. They sued the district, but their claim, that their first amendment right were violated, was rejected, due to evidence that the images of the US flag on the shirts disrupted learning. The year prior, students hung an American Flag, and chanted “USA”, causing students of Latino descent to respond with profanity and threats.


“The students who wore the flag shirts sued the Morgan Hill Unified School District, claiming their 1st and 14th Amendment rights had been violated. But the U.S. 9th Circuit Court of Appeals rejected their claim, holding that the possibility of an ‘altercation’ justified the decision to order the students to remove or hide their shirts.(Los Angeles)


The Tinker standard was applied in this case, because the students’ choice of clothing was disrupting the safety and learning within the school. These two cases demonstrate where students have and do not have the right free speech and freedom of expression, and where they do not. Unfortunately for students, school administrators incorrectly apply these rulings, overstep their bounds, and infringe upon students’ free speech.
           

Each year, my high school’s Key Club holds an annual fundraiser called Talent Night, a competition among the four graduating classes to see which can come up with the most creative, original, and funny 25-minute skit. Talent Night is a huge event at the high school, and rehearsals are typically held at school, with class advisors facilitating meetings. Talent Night is held after school hours, during a time that does not affect learning.

 

Furthermore, Talent Night has never put anyone in danger or violated the rights of others. However, this school year, the high school administration implemented a rule stating that students may not cross dress in a Talent Night skit. Cross dressing can be offensive to some if it advances a stereotype. But if it is not advancing a stereotype, there is no reason for the high school administration to implement such a rule. Cross dressing is a form of free speech, and therefore should not be infringed upon. Cross dressing during a skit would not violate the rights of any student or disrupt learning. This is one of many examples where high school administrators infringe upon students’ right to free speech.
           

Many examples, and court cases, show where students’ right of free speech has been infringed upon by high school administrators. Free speech is a first amendment right for all citizens of the United States, and schools have become overly sensitive in how students use it.



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