Freedom of Speech
Today, Matthew’s high school is celebrating "Cultural Heritage and Diversity Day." When he arrives at school, he sees several students wearing American flags, some Black students in Malcolm X and Martin Luther King, Jr., t-shirts, some Jewish students wearing armbands with the Star of David symbol, several Lesbian, Gay, Bisexual, Transgender, and Queer (LGBTQ) students displaying flags and posters, and other students representing their religious beliefs with various signs and symbols. Matthew decides it is time to take off his jacket. He is wearing a confederate flag with the words, "Heritage Not Hate" across the chest. On the back of his t-shirt are the words, "Christian, German, and Proud." Immediately, students from every race, gender, religious background, and creed begin yelling at Matthew, calling him a racist and killer of Blacks and Jews. Teachers rush in and escort Matthew to the office.
The First Amendment of the U.S. Constitution states, "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."
Was Matthew’s situation a violation of his First Amendment rights? As an education leader, it will be your responsibility to prevent, and/or manage circumstances such as Matthew’s in your education organization. What role does ethical leadership play in implementing First Amendment Rights in P–20 environments? Ensuring First Amendment rights is legally correct. From an ethical perspective, it is also the right thing to do.
To prepare for the Discussion, review the resources in this module. View the vignette "Due Process." Review the website, Education for Freedom, which focuses on the case Tinker v Des Moines (1969).
Evaluate the following quote that Supreme Court Justice Fortas stated in the 1969 ruling of Tinker v Des Moines:
[Students do not] "shed their constitutional rights to freedom of speech or expression at the schoolhouse gate."By Day 7 of Week 7:
Post your response to the following:
What implications does Judge Fortas’ quote have on the day-to-day operations of P–20 environments? Evaluate the relationship between ethical leadership and students’ First Amendment Rights in P–20 environments. Cite module resources in your response and connect to the vignette, "Due Process."
By Day 3 of Week 8:
Read a selection of your colleagues’ postings. As you read their responses, note those to which you would like to respond with advice, questions, comments, and/or encouragement.
Respond to two or more of your colleagues’ postings in any of the following ways:
•Share an insight from having read your colleagues’ postings
•Validate an idea with your own experience
•Expand on your colleagues’ postings
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