Freedom+of+Speech+on+the+Internet

=The Case: Schools are punishing students for comments made away from school on social media websites. =

“Schools regularly punish students for online comments, even if those comments are made away from school property and after school hours. Although some administrators target cyber-bullies, others punish students whose only offense is posting an online comment that the school doesn’t like” (Walker, 2014). The right to freedom of speech is listed in America’s Bill of Rights for all citizens of America. With the advancement of technology and social media, students post about their opinions of life issues, including school. Students have a right to express their thoughts in speech, which includes digital blogs, posts, statues, etc. on the internet. If a student makes a post outside of school hours and not on school property (i.e. a laptop provided by the school), students should not be punished. “ ‘The digital age, with its wonderful capacity to democratize speech, is so important to students’ rights, but also carries new and interesting threats to students’ rights,’ Tinker says. ‘If we don’t encourage young people to use their First Amendment rights, our society is deprived of their creativity, energy, and new ideas. This is a huge loss, and also a human rights abuse’… ‘We cannot allow the hard-fought battles for student speech rights to be eroded in the digital age,’ says Lee Rowland, an ACLU staff attorney specializing in speech, privacy, and technology. ‘School officials aren’t permitted to listen in on chatter at students’ private gatherings with friends, or rifle through their private videos and photo albums. Nor should we permit them to do so simply because those conversations or images are digital.’ (Walker, 2014).

Wheeler, D. (2014, April 7). Do students still have free speech in school? The Atlantic. Retrieved from [|__http://www.theatlantic.com/education/archive/2014/04/do-students-still-have-free-speech-in-school/360266/__]

=This is a violation of Student's Freedom of Speech and should not be happening. Here is why:=


 * 1. Students shouldn't lose their freedom of speech rights when they enter the school building. They should be able to voice their opinions-as long as they are not intimidating-without punishment. **

"There is “clearly established” law that school officials cannot punish students merely for “inappropriate” online speech. This finding caused [the judge] to deny the defendants’ request for qualified immunity, a defense available for government officials if they don’t violate clearly established law."

Hudson, Jr., D. L. (2012, September 12). Note to school officials: Be wary of punishing students for online speech. First Amendment Center. Retrieved from [|__http://www.firstamendmentcenter.org/note-to-school-officials-be-wary-__]  of-punishing-students-for-online-speech.


 * 2. Students need a safe place to vent. As long as they don't make direct threats to anyone or the school, and it’s not distracting to everyone’s education, social media provides that safe place. **

"A middle school student used her home computer to create a phony MySpace profile that cruelly ridiculed her school principal. The Third Circuit Court ruled the district could not reasonably show the spoof profile would substantially disrupt the school, and the decision to suspend the student violated her First Amendment right to speech."

Larson, L. (2014). Regulating students' online speech under the first amendment [PDF file]. House Research. Retrieved from [|__http://www.house.leg.state.mn.us/hrd/pubs/ss/ssonlspch.pdf__]


 * 3. Here are some things school librarians need to be aware of and prepared for: **

> > > > > > >
 * Connect academic freedom with intellectual freedom. Academic freedom guarantees the teacher’s right to teach and to select classroom and library resources for instruction.
 * Make sure everyone involved understands the right of people in a democratic society to express their concerns and that all people have the right to due process in the handling of their complaints.
 * <span style="background-color: transparent; color: #000000; font-family: Arial; font-size: 14.6667px; text-decoration: none; vertical-align: baseline;">Explain the obligation of the school district to provide intellectual and physical access to resources that provide for a wide range of abilities and differing points of view.
 * <span style="background-color: transparent; color: #000000; font-family: Arial; font-size: 14.6667px; text-decoration: none; vertical-align: baseline;"><span style="background-color: transparent; color: #000000; font-family: Arial; font-size: 14.6667px; text-decoration: none; vertical-align: baseline;">Define intellectual and physical access when appropriate. Intellectual access includes the right to read, receive and express ideas and the right to acquire skills to seek out, explore and examine ideas. Physical access includes being able to locate and retrieve information unimpeded by fees, age limits, separate collections or other restrictions.
 * <span style="background-color: transparent; color: #000000; font-family: Arial; font-size: 14.6667px; text-decoration: none; vertical-align: baseline;"><span style="background-color: transparent; color: #000000; font-family: Arial; font-size: 14.6667px; text-decoration: none; vertical-align: baseline;">Emphasize the need to place the principles of intellectual and academic freedom above personal opinion, and reason above prejudice, when selecting resources.
 * <span style="background-color: transparent; color: #000000; font-family: Arial; font-size: 14.6667px; text-decoration: none; vertical-align: baseline;"><span style="background-color: transparent; color: #000000; font-family: Arial; font-size: 14.6667px; text-decoration: none; vertical-align: baseline;">Connect intellectual freedom and access. The freedom to express your beliefs or ideas becomes meaningless when others are not allowed to receive or have access to those beliefs or ideas.
 * <span style="background-color: transparent; color: #000000; font-family: Arial; font-size: 14.6667px; text-decoration: none; vertical-align: baseline;"><span style="background-color: transparent; color: #000000; font-family: Arial; font-size: 14.6667px; text-decoration: none; vertical-align: baseline;">Stress the need for teachers and librarians to be free to present students with alternatives and choices if students are to learn and use critical thinking and decision-making skills.

<span style="background-color: transparent; color: #000000; font-family: Arial; font-size: 14.6667px; text-decoration: none; vertical-align: baseline;">Strategies and Tips for Dealing with Challenges to Library Materials. (n.d.). Retrieved April 21, 2016, from [|__http://www.ala.org/bbooks/challengedmaterials/support/strategies__] <span style="background-color: transparent; color: #000000; font-family: Arial; font-size: 14.6667px; text-decoration: none; vertical-align: baseline;">.