Don't Shut Up: Why Teachers Must Defend the First Amendment in Secondary Schools

James R Moore

doi:10.46303/jcve.01.02.2

Abstract

Don’t Shut Up: Why Teachers Must Defend the First Amendment in Secondary Schools Abstract Several recent judicial decisions and numerous reports from scholars, educators, legal experts, journalists, and advocacy groups suggest that the First Amendment protection of freedom of expression is being unconstitutionally abridged in American universities and secondary schools. Freedom of expression for university and secondary school students is essential to securing individual rights, protecting liberty, enhancing civic participation, and is a safeguard against government infringement on freedom of thought and expression. The First Amendment, along with other rights enshrined in the Bill of Rights, is the crucial underpinning of a pluralistic democracy. However, many universities and secondary schools have sought to restrict freedom of expression by establishing speech codes, safe zones, and institutional policies that prohibit and punish speech that is deemed controversial, hateful, radical, or offensive. These speech codes are designed to foster tolerance, respect, and sensitivity for individuals and groups; while this is a worthy goal, it must be achieved without violating the First Amendment. Teachers must resist unconstitutional attempts at censorship and instruct their students that the primary purpose of the First Amendment is to protect controversial, offensive, and radical speech. This article will examine the attacks on free speech and discuss how teachers can defend the First Amendment.

Highlights

On February 1, 2017, a group of protesters—including a small number of rioters engaging in criminal vandalism and battery—succeeded in forcing the University of California at Berkley to cancel a planned speech by Milo Yiannopoulos
The Berkley event is hardly the first time that protesters and rioters have been able to shut down speech by threatening violence, mob censorship, or other methods to disrupt controversial speakers on American campuses
The United States is experiencing a cultural divide among liberals, conservatives, and others on the ideological spectrum; opposing political values over free speech and the First Amendment, the role of government, immigration issues, and racial and gender issues animate this significant, and rancorous, division among Americans

Summary

Introduction

On February 1, 2017, a group of protesters—including a small number of rioters engaging in criminal vandalism and battery—succeeded in forcing the University of California at Berkley to cancel a planned speech by Milo Yiannopoulos. These speech codes—if enforced—would have a devastating impact on social studies education in secondary schools Social studies themes, such as war, equality, racial discrimination, poverty, religion, the proper size and scope of government, and many others, are inherently controversial topics that generate passionate debate and motivate individuals to exercise their constitutional rights to political activism via voting, protesting, lobbying Congress, filing lawsuits, and freely expressing their views in multiple forums. This is a critical but challenging lesson for secondary and university students to understand: The First Amendment protects offensive, controversial, radical, and sacrilegious expression Without this protection, some people would censor political speech, publishing (in print and online), art, literature, music, and other forms of expression. Tailored exceptions to freedom of expression attempt to balance the rights of all individuals with the rights of the community and other interested parties This is difficult in a highly diverse and pluralistic democracy but it is essential to civic engagement and social studies education. Many universities and secondary schools have established speech codes that are unconstitutional and do not comport with any of the established limitations on freedom of expression

Free Speech under Attack in American Universities

Findings

Freedom of Expression in Secondary Schools