First Amendment Rights In Schools

With the advancement of technology comes increased connectivity to a digital world where our children find themselves with limited guidance. This new realm is one that parents and educators have continually tried to navigate in an attempt to create a safer place for our children. Parents try to protect their children by imposing restrictions on Internet usage, while teachers struggle to teach Internet safety and digital citizenship in the classroom. Holding our youth accountable for their online behavior in a society that values Internet sensaltionalism has proven to be difficult, causing those in positions of authority to ask themselves where to draw the line. As the answer to this question changes with each new case, and more and more children
The landmark case of Tinker v. Des Moines Independent Community School District set the precedent for the free speech rights of both students and teachers. Students at a public school in Des Moines, Iowa were suspended after organizing a silent protest to publicize their objections to the Vietnam War. After suing the school district for violating their children's right to free speech, John and Mary Beth Tinker found themselves before the United States Supreme Court, where it was concluded that students' free rights should be protected. Justice Abe Fortas claimed that the lack of facts to adequately “forecast substantial disruption of, or material interference with, school activities” on school grounds made it unconstitutional to deny the student’s “right of expression of opinion” (Tinker v. Des Moines Independent Community School District, 1969). It is clear that the civil liberties of students need to be taken seriously while they are in school. This also extends to the right of teachers while on school grounds. Because of Tinker v. Des Moines, both students and teachers are now able to freely express their first amendment rights as long as they do not cause a disturbance to the school. This case brought awareness to school districts limiting students’ rights, and continues to affect decisions
Most importantly, public school administrators must familiarize themselves with their state’s anti-bullying laws, including those provisions explicitly addressing cyber bullying. Additionally, as new standards of judicial analysis are created to deal with technology-related first amendment issues, it is imperative that administrators stay current with emerging court decisions. When administrators are faced with cyber bullying issues, they should focus on documenting all instances of disruption that have occurred on campus as a result of the online dispute. The ability to prove that a “substantial disruption” occurred on campus due to off-campus digital postings is an important component of judicial analysis in all cyber bullying court