Freedom of Speech at School

The First Amendment to the US Constitution 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.

Plain English Please! There will be no national religion The government can’t stop you from exercising your religion, or penalize you for your religion The government can’t say you can’t say something The Government can’t say you can’t protest peacefully The government can’t say you can’t sign a petition

Article 1, Section 5, Washington State Constitution Every person may freely speak, write and publish on all subjects, being responsible for the abuse of that right.

Did any of these people actually speak English!? The government can’t stop you from writing something. The government can’t stop you from saying something.

The First Change A play on the history of the 1 st Amendment

Scene One: 1776, Independence Hall, Philadelphia, Pennsylvania A group of gentlemen are committing treason by signing a petition This treasonous petition is called the Declaration of Independence

Scene Two: 1789, Independence Hall, Philadelphia, Pennsylvania The Bill of Rights (including the first amendment) are officially adopted

Scene Three: 2002, Juneau, Alaska Joseph Frederick was suspended after holding up a controversial sign across the street from his high school (What was the sign about?) Juneau High School

Still scene three… Joe takes his case all the way to the supreme court

Yet again, scene three… Joe argued the school infringed on his first amendment rights The school said he was promoting illegal drugs

The school won

Joseph didn’t get anything out of his suit. His suspension remained in the records.

The score card In the Schools favor Justice Scalia Justice Kennedy Justice Tomas Justice Breyer Justice Alito In Frederick’s favor Justice Stevens Justice Ginsburg Justice Souter

Meet the State Justices I interviewed the Justices of the Washington State Supreme Court. Here are their answers.

My question: Should kids at school have complete free speech? In other words, should the administration be able to censure kids and teens at school?

ALL RISE! The Supreme court is now answering (Just kidding)

General Themes Reasonable restrictions. Reasonable restrictions. Circumstances Circumstances Language of the constitution Language of the constitution Libel restricted Libel restricted

Chief Justice Gerry Alexander Students are not without speech Students are not without speech Protesting with a button vs. a sign Protesting with a button vs. a sign En loco parentis En loco parentis

Justice James Johnson There is a strong argument for free speech There is a strong argument for free speech Morse vs. Fredrick is more likely to be protected in WA Morse vs. Fredrick is more likely to be protected in WA

Justice Mary Fairhurst Reasonable restrictions. “You’re not free to say anything, anywhere, anytime.” Reasonable restrictions. “You’re not free to say anything, anywhere, anytime.” “Reasonable time place and manner” “Reasonable time place and manner”

Justice Susan Owens “Different standards for students than for adults” “Different standards for students than for adults” “The internet is a ginormous (sic) gray area” “The internet is a ginormous (sic) gray area” “Schools are allowed to make stringent rules” (like dress codes) “Schools are allowed to make stringent rules” (like dress codes)

Justice Tom Chambers Originally made an appointment, but had to cancel due to personal issues. Originally made an appointment, but had to cancel due to personal issues.

Associate Chief Justice Charles Johnson Not available to meet Not available to meet

Justice Richard Sanders Unable (too busy) to meet with me. Unable (too busy) to meet with me. Darn. Darn. By the way, his office thought I was in college. By the way, his office thought I was in college.

Justice Barbra Madsen Unable to meet with me. Unable to meet with me. Darn. Again. Darn. Again.

Justice Debra Stephens Unable to meet. Unable to meet. *Sigh* *Sigh* Recently appointed on December 4, 2007, to the Supreme Court. Recently appointed on December 4, 2007, to the Supreme Court.

The Question and Arguments Tada!

My question: Should kids at school have complete free speech? In other words, should the administration be able to censure kids and teens at school?

Aye! (yes, free speech) The first amendment and Art. 1, Sec. 5 guarantee free speech We don’t shed our rights when we walk into school Most teens have the judgment to figure out when and when not to say something

Nay! (not absolute free speech) Teens might have the judgment, but, do they use it? Someone could say something offensive, like swear, and no-one could do anything Also, the amendment doesn’t guarantee free speech anywhere, it just says congress can’t make a law about it.

Ladies and Gentlemen START YOUR DEBATING!!!! Please remember to be courteous. Those in favor of no limits Those opposed to no limits

Bidi-bidi-bidi, That’s all Folks! Go Porky!

Don’t look at me Think of what to say… GOT IT!!!

Uncle Sam is watching you comrade…