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Until 1969, First Amendment freedoms were not considered to apply seriously to school-age children. However, the 1969 Supreme Court ruling in Tinker v. Des Moines Schools changed everything. Suddenly, students did not shed their constitutional rights at the schoolhouse gates, as Justice Abe Fortas famously wrote. This slide presentation reviews the four major Supreme Court decisions that shape today's so-called school speech.
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Dr. William Allan Kritsonis, Social Context of Education, University of Ljubljana, 2009 Published by: University of Ljubljana, Faculty of Arts, Univerza v Ljubljani, Filozofska, fakulteta, 2009 Dr. Kritsonis Lectures at the University of Oxford, Oxford, England In 2005, Dr. Kritsonis was an Invited Visiting Lecturer at the Oxford Round Table at Oriel College in the University of Oxford, Oxford, England. His lecture was entitled the Ways of Knowing Through the Realms of Meaning.
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Educational Background Dr. William Allan Kritsonis earned his BA in 1969 from Central Washington University, Ellensburg, Washington. In 1971, he earned his M.Ed. from Seattle Pacific University. In 1976, he earned his PhD from the University of Iowa. In 1981, he was a Visiting Scholar at Teachers College, Columbia University, New York, and in 1987 was a Visiting Scholar at Stanford University, Palo Alto, California. In June 2008, Dr. Kritsonis received the Doctor of Humane Letters, School of Graduate Studies from Southern Christian University. The ceremony was held at the Hilton Hotel in New Orleans, Louisiana.
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Life Skills Activities by William Allan Kritsonis, PhD About William Allan Kritsonis, PhD Dr. Kritsonis is Tenured Professor of Educational Leadership at Prairie View A&M University – Member of the Texas A&M University System. He teaches in the PhD Program in Educational Leadership. Dr. Kritsonis taught the Inaugural class session in the doctoral program at the start of the fall 2004 academic year. In October 2006, Dr. Kritsonis chaired and graduated the first doctoral student to earn a PhD in Educational Leadership at Prairie View A&M University. Since then, Dr. Kritsonis has chaired 22 doctoral dissertations along with serving as a committee member on many others. Dr. Kritsonis Lectures at the University of Oxford, Oxford, England In 2005, Dr. Kritsonis was an Invited Visiting Lecturer at the Oxford Round Table at Oriel College in the University of Oxford, Oxford, England. His lecture was entitled the Ways of Knowing through the Realms of Meaning. Dr. Kritsonis Recognized as Distinguished Alumnus In 2004, Dr. William Allan Kritsonis was recognized as the Central Washington University Alumni Association Distinguished Alumnus for the College of Education and Professional Studies. Dr. Kritsonis was nominated by alumni, former students, friends, faculty, and staff. Final selection was made by the Alumni Association Board of Directors. Recipients are CWU graduates of 20 years or more and are recognized for achievement in their professional field and have made a positive contribution to society. For the second consecutive year, U.S. News and World Report placed Central Washington University among the top elite public institutions in the west. CWU was 12th on the list in the 2006 On-Line Education of “America’s Best Colleges.”
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Reading and Supplemental Materials Required Reading Material LaMorte, M. (2012). School Law: Cases and Concepts. 10th edition. Pearson Education: London, England. Chapter 3 Steinberg, M. & Lacoe, J. (Winter 2017). What Do We Know About School Discipline Reform. Education Next. Retrieved from https://www.educationnext.org/files/ednext_xvii_1_steinberg.pdf Links to an external site. Wang, A. (2017, September 5). School District Apologizes After Student Told 'Make America Great Again' Shirts Not Allowed in Class. The Washington Post. Retrieved from https://www.washingtonpost.com/news/education/wp/2017/09/04/school-district-apologizes-after-students-told-make-america-great-again-shirts-not-allowed-in-class/?noredirect=on&utm_term=.34ef9a5bea0c Links to an external site. Recommended (Optional) Learning Materials Vaznis, J. (2018, November 17). Boston Schools Agree to Change Policies on Suspensions. The Boston Globe. Retrieved from https://www.bostonglobe.com/metro/2018/11/16/boston-schools-agree-change-school-suspensions/WFHz9xwRjxZbJhCdN8ZrMP/story.html Links to an external site. Wong, A. (2018, November 28). The Students Suing for a Constitutional Right to Education. The Atlantic. Retrieved from https://www.theatlantic.com/amp/article/576901/ Links to an external site. Zimmerman, A. (2018, November 12). New York City Students Can Be Suspended for An Entire Year. Officials Say Changes Could Be Coming. Chalkbeat. Retrieved from https://chalkbeat.org/posts/ny/2018/11/12/new-york-city-limit-student-suspensions/ LaMorte, M. (2012). School Law: Cases and Concepts. 10th edition. Pearson Education: London, England. 3 Students and the Law Countless interactions between students and school officials occur in public schools, and inevitably, some students or their parents become displeased either with a school official’s actions or with school policy. The vast majority of such disputes are not litigable, however, unless school authorities have violated a student’s constitutional rights, not followed applicable federal or state statutes, or not had appropriate policies or procedures. Prior to the 1970s, courts usually upheld school authorities who demonstrated no more than that their actions were reasonable. Public schools were perceived as enjoying parental prerogatives (in loco parentis), and it was uncertain whether any constitutional rights extended to students. However, in a 1969 landmark decision, the US Supreme Court in Tinker v. Des Moines's Independent Community School District declared that students do not “shed their constitutional rights to freedom of speech or expression at the schoolhouse gate.” Subsequently, in 1975 the high court held that public school students possess liberty and property interests in their education, and therefore, that constitutional principles of due process apply to school officials’ treatmen.
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The Clearing House, 86: 174–178, 2013 Copyright C© Taylor & Francis Group, LLC ISSN: 0009-8655 print; 1939-912x online DOI: 10.1080/00098655.2013.798609 Beyond the Schoolhouse Gate: Students’ First Amendment Speech Rights in the Digital Age MARIE L. BITTNER Abstract: Since 1969, the U.S. Supreme Court has given four rulings on student First Amendment speech rights cases that occurred on school campuses. The so-called information age has changed these geographical bound- aries of student speech. Recently, the U.S. Supreme Court declined to review student free-speech rights cases on the Internet, outside of school. Lower courts have not ruled consistently on this issue. Clarity and guidance is needed for school administrators, parents, and students. Keywords: student First Amendment speech rights, on-campus speech rights, off-campus speech rights, Internet-based student speech rights W hen the U.S. Supreme Court considered the sym-bolic speech rights of three secondary students to wear armbands to protest the Vietnam War, they wrote that “while students do not shed their constitutional rights to freedom of speech or expression at the school- house gate,” this right must be balanced against the interest of school officials to prescribe and control con- duct in the schools (Tinker v. Des Moines Independent County School District 1969). The focus of the Tinker case was on the restriction of student speech on campus. The digital age has expanded schools’ traditional boundaries and blurred our understanding of when, where, and how students can enter the schoolhouse gate. The Internet has both literally and legally moved the schoolhouse to a student’s home computer. Stu- dents’ off-campus online activities raise difficult First Amendment speech issues for school administrators. Before the proliferation of instant messaging, blog post- ings, and social networking sites, the Supreme Court rulings allowed schools to regulate on-campus student speech if the learning environment was disrupted or if Marie L. Bittner is at Portsmouth City Public Schools, Instructional Resource Center, Portsmouth, VA. students were physically harmed but did not extend the school’s authority to regulate speech that occurred off campus (Kasdan 2010). The Supreme Court has not considered a case that involves online student speech, either on campus or off campus. Where one lower court might hold that Internet-related student speech should be restricted, an- other court looking at the same set of facts but applying a different standard might hold that the same Internet- related speech should be protected (Fronk 2010). These conflicting results show that a new and clearer standard is needed for lower courts to adjudicate Internet-related student speech cases (Lei 2009). This guidance for student off-campus digital media usage is equally important for school administrators, since student speech cases are among the most com- monly litigated cases under the First Amendment.
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u or your {amily ever have )ased views thai contlicted /ith events at your school? ie your views c0nservative .e., opposition to dancing, ctance of evolution theory, rparticipation when certajfl s were shown, etc.)? Were trictions imposed that you believed unnecessary? Perhaps the greatest point of tension concerning religion and cun'iculum is the theory of evolution. In the so-called "scopes Monkey Trial" in -1,)25, a high school teacher was convicted of violating a Tennessee regulation against teaching anything that contradicted the biblical Genesis accolrnt of the creation of humans. Although the conviction was overturned on a technicaliry controversy over the teaching of evolution in schools has continue d.In L982 Louisiana passed the Balanced Treatment Act, which required the teaching of both creationism and evolution. The U.S. Supreme Court ruled the act illegal because it endorsed creationism, a Chrlstian view, to the exclusion of other views. Some school districts, and even whole states, have afiempted to give equal time both to what some Christians believe about creation as embodied in the literal translation of the Bible and to evolution. Some districts have attempted to outlaw the teaching of evolution or to require a disclaimer stating that it is only a theory, one of many that try to explain the or:igin of humans. As you can see, the rights and responsibilities of teachers and stridents often inter- sect at the delicate point of separation of church and state. In some communities, and at some times of the year, preserwing this separation is challenging. What.[re the Legal Rights of Students? Students do not leave their constitutional rights at the schooihouse door. You may no- tice that there isn't a section of this chapter devoted to students' legal responsibilities. If there were, the section would be short. Students have the responsibility to go to school as long as it is cornpulsory (usually to age 1.6, but to age 1"8 in some locations). That's about it in terms of legal responsibilities. dlthough we hope students take re- sponsibility for their lear:ning and behavioq unless their behavior is deerned illegal or extrernely disruptive, there are no other laws binding them. Before 1969, students were not recognized as having First Amendment rights to free- dom of expression. The U.S. Supreme Court's decision kt Tinker v. Des Moines Inde- pend.ent Comnxunity Scbool District, 1,)6), provided a clear message that a student is entitled to freedom of expression, In this case, three students wore armbands to school to protest the war in Vietnam and were punished for doing so (LaMorte, 2012). The Tinker case reversed the school's stance and has been cited repeateclly since 1969. However, court challenges since Tinker have served to balance the rights of students to express themselves and the necessity of limiting personal freedom to ensure the safety and well-being of others. For students, understanding the need for this b ...
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Censorhsip - School Law - Dr. W.A. Kritsonis
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Company Profile When it comes to fast, efficient, personalized service, Tri-Arrow Printing is second to none. Locally owned and operated by Detroit natives, our team of 30 employees can help you create professional documents, signs, banners, and specialty products for business or personal use. With the assistance of our full-time marketing specialist and designer, Tri-Arrow Printing can help you produce unique advertising materials to effectively promote yourself or your business without breaking the bank. For clients seeking one-of-a-kind invitations, cards, calendars, or home wall décor, Tri-Arrow Printing can help you create distinctive designs that match your personality and style. Using high-tech production equipment, we offer same-day delivery on most orders. Committed to the loyal community that has supported Tri-Arrow Printing for two generations, we support local nonprofits and arts organizations by designing and printing $500 worth of promotional materials each month. In addition, we offer local schools special pricing and packages so they can advertise and promote school cultural events. Products and Services Documents · Full-color or black-and-white printing and copying · Full-service or self-service printing options · Manuals, brochures, résumés, and letterhead · Business cards and postcards · Direct mail marketing and advertising · Calendars · Invitations and cards Banners, Signs, and Speciality Products · Posters, signs, and banners · Magnets · Wall and car decals · Vinyl lettering · Indoor and outdoor finishes · Full-color, photo quality · Oversize and custom shapes available Strategic Goals · Increase $1.2 million annual gross sales by $300,000 this year and an additional $300,000 the following year. · Expand into the photo printing market (mass printing such as senior photos and high-quality art pieces). · Invest $100,000 in after-school programs in the area. · Develop a scholarship program for local at-risk students who want to attend college in the areas of business or performing arts. § 2:3. General Restrictions on Freedom of Speech in Schools References The United States Supreme Court has recognized that "[t]he vigilant protection of constitutional freedoms is nowhere more vital than in the community of American schools."1 The Court has repeatedly noted the importance of First Amendment protection in the school context, although often at the same time recognizing the power of school officials to control conduct in the schools.2 The Court, in an oft-quoted statement, noted: It can hardly be argued that either students or teachers shed their constitutional rights to freedom of speech or expression at the schoolhouse gate. This has been the unmistakable holding of this Court for almost 50 years … On the other hand, the Court has repeatedly emphasized the need for affirming the comprehensive authority of the States and of school officials, consistent with fundamental constitutional safeguards, to prescribe and contro.
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