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Government & Politics
The Damn of Censorship
The Damn of Censorship The foundation of today's society rests upon the words of our forefathers. The Constitution claims that "the people" shape their own government. Who are "the people"to which this document refers? Americans have long struggled with defining "the people". Blacks, women, and homosexuals all deal with this issue, b ut today youth emerge as a challenged group. Students are often a censored body, thus not enjoying protection under the First Amendment. Schools profess they are protecting the rights of the majority, but in actuality, they are violating the rights of the individual through the denial of their First Amendment rights. Legally, the question is to what extent does the First Amendment apply to students? The First Amendment states, "Congress shall make no law... abridging the freedom of speech...". In 1988, the Supreme Court ruled on a case, Hazelwood School District v. Kuhlmeier, that would create an obstacle for future students to overcome. In the Hazelwood decision, the Supreme Court said school administrators had the right to censor student publications (Top Ten 1). According to this decision, the First Amendment does not have students under it's protective umbrella. School boards use this ruling to censor students today. A battle against the Hazelwood decision is being fought and won all over the country. According to the Student Press Law Center, winning this battle began in California with the passing of a student-expression bill. California was the pioneer state to add such a bill to it's Constitution, but it is not the only state to have one. Today a total of six states have such bills: Arkansas, California, Colorado, Iowa, Kansas, and Massachusetts (Top Ten 1). This bill reverses the Hazelwood decision, making it more difficult for administrators to censor student journalists. In Michigan, Lynne Martinez, a Michigan lawmaker, is trying to pass a similar student-expression bill. Martinez hopes to pass this bill to prohibit school officials from "prior review or restraint" of any school publication (Taylor 1). Martinez questions, "Professional papers aren't censored. Why should student publications be?" (1). Many organizations, such as the Student Press Law Center, are designed for the sole purpose of protecting students' First Amendment rights. According to the SPLC, Hazelwood doesn't apply to publications opened as "public forums for student expression." (Top Ten 1). Such organizations help, but they don't completely reverse the Hazelwood decision. Something must be done to eliminate Hazelwood as a deciding factor. Although these bills are helpful, they do not eliminate censorship in the other forty-four states. In December of 1999, the distribution of a school newspaper came to an abrupt halt in Elkton, Oregon. The editor of arts and entertainment wrote a response that Superintendent Charlie Sharps deemed "offensive to the community." (Student's 1). Because of senior Andy Baird's editorial response, the school board stopped circulation of the Elk Call (1-2). Unfortunately, student newspapers are not the only form of expression being censored. In Michigan last year, junior Eric VanHoven was suspended twice for a total of three days for wearing t-shirts with the names of the bands Korn and Tool (Hudson 1). The shirts merely had the bands names printed on them; however after looking up song lyrics of the bands, the school's officials decided they were "offensive enough to merit a suspension." or two in VanHoven's case (1). Sadly, VanHoven and Baird are not alone in their fight against censorship. Graduation is a time that will always stay in one's memory. Especially when privileged with being valedictorian and giving a speech. Amy Kniss, last year's valedictorian of Silveredo High School in Victorville, California, will always remember her graduation. Kniss learned that being first is often the most difficult. She gave the valedictory speech at the school's first graduation ceremony last spring. Sauer says she ran into some trouble when she submitted her speech to the school's administration for review; the school principal unfairly called the speech "inappropriate." After rewriting her speech, Kniss was able to give a speech at graduation (Sauer 1). Kniss says she was told, "...if I deviated from the speech at all the mike would be cut off." (1-2). Patricia Mark, the superintendent of Victor Valley Union High School District, didn't find anything wrong with the first copies of Kniss's speech. Mark thought her speech was inspirational and said, "it may have been made into more than it is." (2). As is the case of most censorship. No doubt, Mark was referring to the press making it into "more than it is", although the case is often reversed. Many times the censoring group make these situation into "more than it is". Many times students get censored as books do. Say certain words, refer to moral and religious issues, or wear certain clothes and watch how quickly the iron hand of censorship strikes. The First Amendment protects freedom of expression, but Hazelwood contradicts this for student. So only in certain states does this Amendment apply to students. In the other forty-four states, it is a right allotted only to adults. Although many schools say that censorship takes place for the good of the students, censorship is often a means of keeping the appearance of the school esteemed. Mark Goodman, executive director of the SPLC, says, "school administrators seem increasingly concerned today with good public relations above all else." (Connecticut 2). Such concerns are made in many schools across the country. What would happen if a school printed something defaming about a business that gave them funds? Obviously, if this were to happen, the school would be frowned upon, and possibly lose that sponsorship. So logically, a school would not permit the newspaper to print an editorial about how a "partner in education" negatively effects society. Although this makes sense from a business stand-point, schools are a place to express one's self, even if that means making fun of a "partner in education". Not only does censorship take away students' rights as American citizens, censorship often happens for reasons other than "protection". Schools are said to be a safe learning environment, but how can students truly learn if they are not allowed to express themselves? These acts of censorship are to protect the rights of the majority of students. A happy median exists between censor-crazy administrations and allowing students to print what ever they chose. Students deserve to express themselves just as adults — within the limitations of the law. Without the ability to express ideas, one cannot survive in society. Censorship is the dam that holds behind it all individual ideas. Like water, some of these ideas can make it through small cracks, but many are left behind the dam. The censorship dam must be torn down so individual ideas are able to flow freely. Schools are censoring their students to an extreme now. Many students actions and words are gone over with a ‘fine tooth comb'. If I were one of these unfortunate students, this paper might even be deemed "inappropriate" by a school official. Many do not see student censorship as an elevating problem, because often times it has been pulled from the spotlight by school officials before being acknowledged as a problem. The First Amendment and the freedom of speech guaranteed in it gave America leaders like Samuel Adams, Frederick Douglas, Sarah P. Decker, and Martin Luther King, Jr..The leaders of tomorrow are being told today what they can and cannot say, think and do. We must stop censoring our students now. Because the First Amendment shaped American society into what it is today, the rights guaranteed in it must never be taken away from the future. "Connecticut Student Press Thrives with Self-Declared Freedoms." Associated Press. Freedom Forum. 9 November, 1999. Http://www.freedomforum.org/education/1999/11/9conn.asp. Hudson, David. Freedom Forum. 12 March 1998. Http://www.freedomforum.org/speech/1998/3/12michigan.asp. Sauer, Lauri. "Grad's Speech Raises Eyebrows." Daily Press. 15 June 1999. Online Newsbank "Student's Column Prompts School to Halt Distribution of Newspaper". Associated Press. Freedom Forum. 17 December 1999. Http://www.freedomforum.org/press/1999/12/17ORschoolnewspaper.asp Taylor, Phillip. "Michigan Lawmaker Drafts Student-Expression Bill". Freedom Forum. 29 December 1998. Http://www.freedomforum.org/press/1998/12/29studentpress.asp. "Top Ten, The". s.p.l.c. (Student Press Law Center). 20 August 1996. Http://www.splc.org/resources/QUESTIONS?highschool.html Bibliography: Works Cited: "Connecticut Student Press Thrives with Self-Declared Freedoms." Associated Press. Freedom Forum. 9 November, 1999. Http://www.freedomforum.org/education/1999/11/9conn.asp. Hudson, David. Freedom Forum. 12 March 1998. Http://www.freedomforum.org/speech/1998/3/12michigan.asp. Sauer, Lauri. "Grad's Speech Raises Eyebrows." Daily Press. 15 June 1999. Online Newsbank Infoweb. "Student's Column Prompts School to Halt Distribution of Newspaper". Associated Press. Freedom Forum. 17 December 1999. Http://www.freedomforum.org/press/1999/12/17ORschoolnewspaper.asp Taylor, Phillip. "Michigan Lawmaker Drafts Student-Expression Bill". Freedom Forum. 29 December 1998. Http://www.freedomforum.org/press/1998/12/29studentpress.asp. "Top Ten, The". s.p.l.c. (Student Press Law Center). 20 August 1996. Http://www.splc.org/resources/QUESTIONS?highschool.html
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