You Be The Judge
Test your knowledge of the Five Freedoms and see how you match up to the courts...and fellow citizens.
Student Speech
A middle school student drew a picture of the Confederate flag in his math class. School officials learned of the drawing and suspended the student for violating its racial harassment and intimidation policy. That policy provided that "students shall not at school, on school property or at school activities wear or have in their possession any written material… that is racially divisive or creates ill-will or hatred." The student sued, claiming that the school officials violated his First Amendment rights.
Can a public school forbid a student from drawing a picture of the Confederate flag?
Vote Now!
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35%A. YESIf school officials have reason to believe a student's display of the Confederate flag would cause a substantial disruption or collide with the rights of others, they may censor the student's symbolic speech.
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27%B. YESStudents at public schools have no First Amendment rights. School is a place for children to be seen, not heard.
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38%C. NOAlthough schools may censor certain forms of student speech and dress, they may not censor a student merely for something he doodled on his notebook during math class. The rights of school officials to limit student expression are not absolute.
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Correct!
In the 2000 case of West v. Derby School District, a three-judge panel from the Tenth Circuit Court of Appeals ruled unanimously that the school district, based upon past incidents of racial tension and violence, had good reason to adopt a racial harassment and intimidation policy. "To be sure," wrote Judge Bobby Ray Baldock, the child's display of the Confederate flag "could well be considered a form of political speech to be afforded First Amendment protection outside the educational setting." However, the policy in question "expressly prohibits any student from possessing in his own handwriting a depiction of the Confederate flag." -
Incorrect
Although the First Amendment rights of public school students are limited, the U.S. Supreme Court has clearly indicated on multiple occasions that they retain certain rights, and that educators must demonstrate compelling reasons for curtailing the free speech of their students. -
Incorrect
A school can prevent even doodling by a student if the symbol is racially divisive — and if there have been past incidences of racial tension and violence. If, however, the same circumstances unfolded in a community with no such history, a court might be less likely to rule in favor of school officials.
Remember — US Supreme Court decisions outline "the law of the land." Lower court decisions do not. Sometimes, this means different lower courts will issue contradicting opinions.
DO YOU AGREE WITH THE COURT’S DECISION? WHY OR WHY NOT?
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WHAT DO YOU THINK OF THE COURT'S DECISION?
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Icon of Freedom
A principal in Modesto, California, Jamal Fields is a National Leadership Fellow with the Five Freedoms Project. His ideal school is a place where "kids and adults are on a journey of discovery together. Students, staff and families are actively engaged in the practice of democracy every day. Students engage in important work that is meaningful and productive toward making a better society. And the school is fluid in the content it addresses but consistent in teaching the big ideas of citizenship in a democratic society."
