Considerations under which free speech cannot be considered a protection in a school or educational situation

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What are some considerations under which free speech cannot be considered a protection in a school or educational situation? Give examples and state why.

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The topic of free speech in school can be touchy at times especially when it comes to children. The First Amendment does protect student’s right to free speech and expression.  Public schools must respect these rights but there are certain exceptions that schools cannot and should not tolerate from students when it comes to speaking in a school setting or about a school. The Supreme Court has deemed that schools may restrict students speech if they are likely to disrupt school, their speech has lewd sayings, promotes illegal drug use or has anything to do with the curriculum or sponsors by the school (Gjelten, 2020). Some examples of cases where students declared their free speech and were found that the students were in actually subordinate. A case in 2007 dealt with a student named Avery Doninger, who posted online that her high school administrator was a douchebag from her home computer and was punished for it. The courts found that the school disciplinary action was correct. Another case involved a ninth grader who wore a t-shirt saying “Be Happy, Not Gay”, he was also disciplined and the state agreed with the discipline (Altschuler, 2015). Student’s rights are definitely protected in any realm, especially school. Students must be taught the difference between expressing themselves in the bounds of the constitution and what is lewd and disrespectful and is not covered by the First Amendment.  

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