BARBER-LESTER 2019- Freedom of Expression in Schools & Universities (1)

Editorial Overview

• Title: Freedom of Expression in Schools and Universities

• Authors: Kelly Barber-Lester and Torrie K. Edwards

• Published in: The High School Journal, Volume 102, Number 1, Fall 2018

• Source: The University of North Carolina Press

• Access Date: September 13, 2022

• DOI: https://doi.org/10.1353/hsj.2018.0016

Recent Events in Free Speech

• August 20, 2018: Anti-racist protestors tore down the Confederate memorial "Silent Sam" at UNC Chapel Hill.

• Following this, protests involved:

  • Encounters between anti-racist protestors, neo-Confederate demonstrators, and law enforcement.

  • Physical altercations and aggressive police measures, including:

    • Arrests (August 25)

    • Use of pepper spray (August 30)

    • Deployment of smoke bombs (September 8)

• Key Question: How to distinguish protected student speech from disruptive or unsafe expression?

Notable Protests and Legal Challenges

• March 2017 at Middlebury College:

  • Protest against Dr. Charles Murray's talk led to disruption and violence.

  • Highlighted tensions between free speech rights of speakers versus protestors.

• Other controversial speakers include:

  • Milo Yiannopoulos and Ann Coulter at UC Berkeley.

• Legislative response in some states aims to penalize students disrupting speakers.

Tension in Educational Settings

• Universities are increasingly examining the balance between:

  • Free speech and hate speech.

  • The need to protect students while encouraging open debate.

• K-12 schools also face similar challenges, notably with dress codes reflecting this conflict.

Dress Code Policies

• Historical Context: Student protests against dress codes date back to the Vietnam War.

• Contemporary Examples:

  • Florida (August 2018): A six-year-old boy denied entry due to hairstyle conflicting with dress code.

  • Massachusetts (May 2017): Black students punished for their hair policy violations relating to extensions.

• Legal Precedents:

  • Tinker v. Des Moines (1969), Bethel v. Fraser (1986), and Hazelwood v. Kuhlmeier (1988) support schools' rights to regulate appearance.

  • Parents of the Malden students argue that hair styles are cultural expressions and discriminatory.

  • Recent Orange County decision to ban symbols like the Confederate flag to promote inclusivity.

Complexities of Freedom of Expression

• Schools grapple with:

  • Protecting freedom of expression for all students versus maintaining a supportive environment.

  • The nature of student protests and speakers on campus.

• Call for Research:

  • Understanding impact of expression rights on educational experiences.

  • Historical and contextual analyses surrounding student expressions in school settings.

• Current Climate: The divisive political environment necessitates a deeper investigation into how freedom of expression shapes educational diversity and dialogue.