Courts and schools - Admission/Application Essay Example

Courts and school Courts and school Free speech is a right that is possessed by every individual in the United s of America; however, students are deprived and rationed this right in the Ashland schools district in Ohio to the extent that it resembles a privilege (Baker, 1977). Every state has the possibility and responsibility to provide educational facilities for individuals; however, it is not within the jurisdiction of the state to deny students any of their constitutional rights such as freedom of speech (Baker, 1977).

Several studies and analogies have been carried out, including those that utilize the argument of the fourteenth amendment, and the majority of authors state that speech regardless of its nature, is a liberty which individual possesses and restriction is a violation of this right. The congress clearly stated in the first amendment that no law should be made restricting free speech and that includes in the learning environment. An example of a case involving the restriction of free speech is the Tinker case that took place at Des Moines Independent School District in the year 1969, whereby students who were against the Vietnam War put on black armbands to show their objection (Caplan, 2010).

In the midst of this protesting action, the school decided to suspend anyone who would be seen with an armband (Russomanno, 2006). When the case was reviewed by the United States Supreme Court, the verdict was that the students have the right to express their opinions on any subject even on controversial or offensive views (Russomanno, 2006). However, there are some exceptions on free speech in schools and this should not be obstructive to the education process. Unfortunately, there are no guidelines that illustrate the extent to which speech can be regulated (Amar, 1992).

In Ashland schools district in Ohio, there are several policies that have been implemented to address the issue of speech in the school environment. The approaches that are taken by the districts are in an attempt to prevent violence from occurring in the education system as well as education to be carried out uninterrupted. Currently, the state prohibits the wearing of any gang related regalia. The district also makes an attempt to distinguish the expression of fighting words in the form of clothing or otherwise.

Reference to this approach can be traced back to the “Cohen’s Jacket” case. In this case Cohen dressed in jacket that had the words “Fuck the draft”. This case is also used by the district for reference to the extent at which speech can be regulated in a schooling environment. As an administrator, it is essential for one to be aware of the constitutional rights possessed by the students as well as other parties in the educational environment. There are several issues that conflict such as free speech and the normal functioning of the school.

The administrator must be well educated on both aspects in order to know where to draw the line in the processes of implementing policies in the school. The administrator must also be aware of the persisting issue in the community that are subjected to use in hate speech and these must be addressed from a community perspective by educating the students on the issue at hand. ReferencesAmar, A. R. (1992). The bill of rights and the fourteenth amendment. Yale Law Journal,1193-1284.Baker, C. E. (1977). Scope of the First Amendment Freedom of Speech. Ucla L. Rev., 25,964.Caplan, A. H. (2010).

Freedom of Speech in School and Prison. Washington Law Review, 85,71.Russomanno, J. (2006). Dissent yesterday and today: The Tinker case and itslegacy. Communication Law and Policy, 11(3), 367-391.