National Youth Rights Association

It seems a lot of people think that free speech in schools should not be as free as elsewhere, because true free speech makes a "learning environment" difficult. Discuss.

It is of my opinion that the best learning takes place in an open environment. Where the kids have say over how things are run and what is being taught… none of that "student council" BS where the elected don't do anything and can't do anything. Typically classrooms should be noisy, not silent where the only thing heard is the teacher and occasional student. Freedom of Speech should be upheld in schools.

The test if one of disruption. If the speech somehow disrupts the learning environment or school activities, it can be limited or censored. This has already been a grey area for many courts trying to decide whether a student's First Amendment rights have been violated, but is becoming even more so because of all the cases involving speech made online, at home or away from school, that resulted in the school disciplining the student by saying that the speech either violated another student's rights (cyberbullying cases) or somehow disrupted the school environment since the speech is online and accessible to other students while at school. With the number of students being harassed and/or bullied online which has resulted in numerous suicides, how should the school address this? At what point should they intervene?

Kev;403921 wrote: It seems a lot of people think that free speech in schools should not be as free as elsewhere, because true free speech makes a "learning environment" difficult. Discuss.

You're missing another key argument which the anti-free-speech folks use: Being in school is like being at a job. You don't have free speech rights at a job the same way you have them in public. Letting kids criticise their teachers and principals in print won't serve them in the future, because if you openly criticise your superiors, you'll get fired for insubordination.

My usual response to this is that you can choose to change jobs if you're an adult, but if you're young most places have some sort of law that requires you to get an education. Yes, you can homeschool, but that is not a viable alternative for many families. And sometimes you can switch schools to one you don't hate, but they're all pretty much the same when it comes to attitudes of administrators, and if you live in a heavily populated area (or conversely a farm town with 10 kids per 300km squared), good luck getting an approved transfer to an available school.

Also, another thing I counter with is that workplaces are allowed to form unions, and those unions are allowed to criticise management all they like. In some places (like Ontario), it is legal to pass out union newsletters, pamphlets, wear union buttons and shirts, etc.

As for what can get by… is this actual, or just what I think *should* be the case? I think just about anything (including swearing and "obscene" material which is not already illegal) should be okay. The hangups that people have over swearing, for instance, are really just rules that have been used to hold the First Amendment hostage at convenient junctures. Fuck that shit

As for what actually goes… well, Tinker used to set the standard on that, but I feel like the Tinker standard is progressively becoming impotent. I think we need another really epic Supreme Court win to reestablish the rights of young people to exercise freedom of speech in schools. I don't think that will happen very soon, though.

Let students say what they want as long as it doesn't result in any bloodshed.

Don't students learn best in an environment with free speech, where differing opinions are welcome to be expressed in a civil manner? I think that's more conducive to learning than being in a regimented, sanitized environment.

maeyako;405860 wrote: When they've been in a totalitarian society all their lives in school once they're out of school they'll be used to living in one.

Yup, the current school system prepares them for being a drone.

According to Oliver Wendell Holmes Jr the only restriction is yelling 'Fire!' when no fire is occurring.

To an extent, the job thing is true. You can't very well conduct random conversations during a board meeting or interrupt someone else while they're talking without at the very least, looking like a complete douche.

As far as my view here are some of my general restrictions:

1. Don't talk while other people are talking. To me, it's not some kind of moronic school rule designed to oppress students. It's general politeness both to the speaker and to the listeners. I know some might disagree with me, but from my experience, it's impossible to learn when 20 people insist on disrupting the class with inane babble.
2. Don't talk during tests.
3. Don't wear clothing with racial or sexist slurs.
4. Be civil to each other.

Beyond that, anything is fair game.