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  • Essay / First Amendment and constitutional freedoms in...

    The First Amendment, generally equated with freedom of expression, offers five protections: the establishment clause, the free exercise of religion, freedom of expression, freedom of the press and freedom of peace. assemble. Students (and groups of students) at public colleges and universities enjoy full protection under the First Amendment; however, this right depends greatly on the context in which a student can claim freedom of expression. Once an institution creates a limited public forum for a student or group, the administration cannot deny recognition to a particular student or group based on viewpoints. Given the great freedom students enjoy, this freedom is not absolute. Courts have allowed administrators to impose reasonable restrictions on the location, time, and manner of students and groups. In Tinker v. Des Moines, the court made clear that students “…do not lose their constitutional rights when they walk through the school gate. » To reinforce the importance of free speech on campus, the court stated, in Shelton v. Tucker: “Nowhere is the vigilant protection of constitutional liberties more vital than in the American school community. These rights allow students to take courses on a wide variety of subjects, which can include topics often considered controversial. Additionally, students should have the opportunity to explore and discuss these topics without fear of censorship or retaliation. Under the First Amendment, school administrators cannot prohibit students from being ignorant, hateful, mean, or even using offensive speech. In the case of Street v. The New York Supreme Court ruled that the speech could not be restricted because it was offensive. In this case, the court stated: "...it is... middle of paper... established case law due to the ability of schools to limit these freedoms when it comes to restricting or granting voice to student or group administrators. must be consistent, because allowing a student or group to express their First Amendment right opens a door to other students or groups that may be difficult to close. The institution must have clear policies that designate public forums, designated public forums, limited public forums. and non-public forms. Additionally, a policy should be created explaining a student's rights with procedures for a student to redress their grievances. Beyond established policies, administrators must be aware of (and have training in) student rights, but must also understand the extent of power public institutions have to restrict these freedoms when expressing these freedoms would result in harm. disruptions in school..