Which part of the First Amendment is most crucial for Public Higher Education?
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Introduction
The First Amendment in the US constitution provides for right of association, expression and free speech. More importantly, students have the rights to express themselves freely as well as to associate peacefully (Blocher, 2013). Moreover, institutions of higher education are barred from intimidating and harassing the students who expression their opinions. For instance, students are free to petition all agencies and branches of government for action (Salkin, 2016). In regards to associations, students have a right to form organizations and associations within higher education institutions.
Tinker v. Des Moines Independent Community School District is one of the most significant rulings by the US Supreme Court on the students free speech. The case explicitly asserted the constitutional rights of learners in the public schools in the United States. More importantly, the case is still applied by courts to assess whether disciplinary actions implemented by schools violate the First Amendment rights of the students (Salkin, 2016). In this case, the school principal had established policies that forced students to remove black armbands. The students were using armbands to protest against the Vietnam War in 1965. The court ruled that learners had a right to use black armband as a symbol to complain against the Vietnam War (Moran, 2013).
The case highlighted that school official should exhibit that the speech would incite significant interruption of the school operations or violate the rights of others. Therefore, the court suggests that wearing armbands is a kind of symbolic speech similar to pure speech (Salkin, 2016). Moreover, it suggested the actions of the students were non-disruptive and inactive expression of their political opinion. The court noted that an essential right of expression could not be disregarded because of mere need to evade the unpleasantness and discomfort that normally go along with an unpopular standpoint (Blocher, 2013).
Furthermore, the Doe v. University of Michigan noted that the law on hate speech instituted by the university was against the constitutional right to expression. In 1989, the incidences of hate and racial crimes were higher in the United States (Gould, 2010). Consequently, the University of Michigan introduced hate speech laws that outlawed negative speech towards certain ethnic groups, minority groups and LGBT persons. Speech codes are policies that are aimed at reducing particular types of speech that are regarded as provocation within the university campus. The court verdict claimed that the speech codes interfere with the First Amendment of the students, which clearly stated that no law should be formulated to curtail the freedom of speech (Gould, 2010). Therefore, the case suggested that students had a right to hate speech since it is guaranteed in the First Amendment.
Right to free speech is essential on universities because is a major part of human right and American freedom. Therefore, rights must be protected and valued in Americas institutions of higher education. A university campus occurs to teach students and develop the frontiers of human information and knowledge (Moran, 2013). Moreover, it works as a marketplace of important concepts where empirical evidence competes. The intellectual vigour of campuses is influenced by this type of competition (Salkin, 2016). Nevertheless, this cannot take place when students are subjected to punishments for articulating opinions that may be unaccepted by the university management.
However, from the cases such as Doe v. University of Michigan, right to free speech is under constant attack in various campuses in America as the management want to evade controversies created by politics and other issues (Blocher, 2013). Consequently, speech codes are established to direct what is to be or not to be said. Moreover, zones of free speech limit free speech to small areas in the universities in an attempt to repress or punish speech in the contemporary academia (Gould, 2010). More significantly, the First Amendment plays an important part in protection against infringement of right to free speech as well as freedom to petition the authorities for reparation of grievances.
The First Amendment allows students to use social media in campuses as well as participate in demonstrations and activism. Therefore, this law is the cornerstone of the American culture and politics in not only in universities but also in other places. Freedom of expression is powerful because it can ignite individuals to action (Moran, 2013). The university should not punish the students for engaging in activism or using the social media in campuses.
Therefore, universities in the US are obliged to maintain the First Amendment when dealing with students especially when speaking in issues of public concerns. Furthermore, the academic freedom pursuant to the First Amendment can be utilized on public universities since the management are representatives of the states (Salkin, 2016). Universities should be places where learners are encouraged to think critically in order to enhance open-mindedness.
Conclusion
The First Amendment safeguards right to free speech on civic issues and guarantee that university management do not suppress important civic debate among students. It also ensures that students are protected from being intimidated or harassed by the management for expressing their views and perspectives (Gould, 2010). For instance, speech codes that limit offensive or hateful speech are against the US constitution. Moreover, students are free to participate in activism and use social media in their life in campus (Blocher, 2013).
References
Blocher, J. (2013). Nonsense and the freedom of speech: what meaning means for the First Amendment. Duke LJ, 63, 1423.
Gould, J. B. (2010). Speak no evil: The triumph of hate speech regulation. University of Chicago Press.
Moran, G. (2013). Knowledge in the Making: Academic Freedom and Free Speech in America’s Schools and Universities. Journal of Information Ethics, 22(1), 123.
Salkin, E. R. (2016). Students’ Right to Speak: The First Amendment in Public Schools. McFarland.