So, it’s become apparent to me as of late [yeah, how many people do you know start a conversation with THAT?!] that freedom isn’t what it used to be.
I’ve been reading parts of a book [I won’t mention the name now, but maybe sometime in the future], which discusses problems with our society, where they come from, and how they’re not being helped.
One of the biggest problems that’s mentioned is generally in the schooling system. The American public schooling system used to work, but lately it hasn’t. Why isn’t it working, you ask? Well, I’ll tell you; for various reasons. Those reasons include:
- Americans are basically taught to hate America
- American history courses are greatly lacking in facts and major details
- The abuse and behavior of children in school is completely outrageous and teachers can’t/won’t do anything about it
The third point is the one that really bothers me and is the one I wish to address here.
According to major studies, students, as well as teachers and administrators, all agree that abusive/disruptive students make the classroom a very difficult place to learn.
So why do we put up with it?
Why do we allow things like Columbine to continue to happen?
That all goes back to one court case in 1969. There is way more that went into the case that I have time to share, or that you have the patience to read, but I’ll go over the basics:
The case was titled “Tinker vs. Des Moines School District” and involved 3 public school students (two who’s last names were Tinker) who were suspended because they wore black armbands to school in protest against the Vietnam War.
The school found out about the silent protest beforehand and made a school rule that armbands were not to be worn for any purpose. Two of the three children went ahead and wore their armbands and were immediately suspended. The third wore his the next day and was suspended as well.
The children got their parents and attorneys involved and they ended up suing the state, claiming that it violated their constitutional rights of “Freedom of Speech” and “Freedom of Expression.”
Up until that point in history, constitutional rights were upheld towards adults; people who had a say in the government that instituted those rules.
But on December 16th, 1969, all that was thrown to the dogs.
The case was officially argued in 1968 and decided on in 1969, but while the case was in court, the world hang in a balance.
If the court ruled in favor of the children, their constitutional rights would be upheld and it would be known to the world that the children have as much freedom of speech as adults do. However, if the court ruled against them, it would send a message to the world that people don’t have the rights they originally thought they did.
“First Amendment rights, applied in light of the special characteristics of the school environment, are available to teachers and students. It can hardly be argued that either students or teachers shed their constitutional rights to freedom of speech or expression at the schoolhouse gate.”
“The Fourteenth Amendment, as now applied to the States, protects the citizen against the State itself and all of its creatures—Boards of Education not excepted. These have, of course, important, delicate, and highly discretionary functions, but none that they may not perform within the limits of the Bill of Rights. That they are educating the young for citizenship is reason for scrupulous protection of Constitutional freedoms of the individual, if we are not to strangle the free mind at its source and teach youth to discount important principles of our government as mere platitudes.” 319 U.S., at 637.
“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 control conduct in the schools. See Epperson v. Arkansas, supra, at 104; Meyer v. Nebraska, supra, at 402. Our problem lies in the area where students in the exercise of First Amendment rights collide with the rules of the school authorities.”
The court recognized that there needs to be authority instituted in schools to keep children in line, but at the same time, they realized that these children would soon become citizens of the same state, and would need to know that their rights were being respected.
It must be stated that the school originally enforced this prohibition because they thought the wearing of armbands would be majorly controversial and would cause a disturbance and possible fights among students. However, the wearing of the armbands was a completely silent protest, and in no way effected the learning atmosphere or caused disturbance and violence, the prohibition that the school enforced did not include other possibly controversial items that would invoke a more outrageous reaction from students, such as political buttons, religious symbols, and even the Iron Cross (symbol of Naziism).
In our system, state-operated schools may not be enclaves of totalitarianism. School officials do not possess absolute authority over their students. Students in school as well as out of school are “persons” under our Constitution. They are possessed of fundamental rights which the State must respect, just as they themselves must respect their obligations to the State. In our system, students may not be regarded as closed-circuit recipients of only that which the State chooses to communicate. They may not be confined to the expression of those sentiments that are officially approved. In the absence of a specific showing of constitutionally valid reasons to regulate their speech, students are entitled to freedom of expression of their views. As Judge Gewin, speaking for the Fifth Circuit, said, school officials cannot suppress “expressions of feelings with which they do not wish to contend.” Burnside v. Byars, supra, at 749.
So all in all, what they were basically saying is that students are people, too.
Students have rights that need to be recognized too.
Anything that the school administration does to keep their students in line violates their freedom of speech and the administration can be sued for even trying.
And that, my dear friends, is why children have the power. And why adults feel powerless when it comes to disciplining them. And why the school system is pretty much a hell-hole.
In the “olden days” children had a place in society. My parents grew up in the era where all this ruckus was going on, but they felt respected and guided enough that by the time they became official voting citizens, they were well-adjusted adults.
So how is it that now, when things are supposed to be better, because we’re letting our children know that their rights are respected, things are worse!? And at a time when things were supposedly worse, because children didn’t know that their rights were respected, we got high functioning adults??
Albeit the baby boomer generation has its fair share of problems (just as every generation does based on what it goes through), our parents are better adults than most of the people graduating college right now will ever be!
We feel we have rights. We feel that our rights need to be respected and honored. We feel that without them, we won’t become good adults.
But what we fail to realize is that there’s a fine line between freedom and complete pandemonium. True freedom comes with boundaries, and when those lines are erased, that freedom becomes chaos in an instant.
Every decision we make effects the future. Our personal futures, the futures of separate communities, and the future of the world as a whole.
~BT
The specific quotes all came from this site: http://www.bc.edu/bc_org/avp/cas/comm/free_speech/tinker.html
Check it out to learn more.
Can I hear your thoughts on the topic?