Back in 1789, James Madison introduced his newly drafted Bill of Rights. It included a series of ten amendments that were eventually ratified in 1791. The first and most essential of the enumerated rights were those referenced in the First Amendment, which states, “Congress shall make no law … prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.” These essential freedoms were considered important centuries ago and continue to maintain their importance within our present-day society. Â
Recently, the Florida Department of Education’s Commissioner of Education, Anastasios Kamoutsas, issued a letter to school district superintendents that discouraged educators from facilitating student participation in protest activity and threatened disciplinary action for educator noncompliance. Additionally, Kamoutsas advised instructors to have conversations with their students about not allowing civic engagement to take away from instructional time.Â
The irony here is that many of these protests are focused on speaking out against Immigration and Customs Enforcement (ICE), which has already been disrupting classroom time more than any protest likely would. In some places, students have begun to avoid attending classes due to fear of deportation. Some children have even returned home to find their caregivers and parents gone as a result of detainment by ICE agents. The argument that characterizes the constitutionally-protected right to peaceably assemble as more disruptive than children losing weeks of education or returning home to find their families gone is ironic. How can an instructional environment remain “focused on teaching, learning and student safety” when its students experience significant fear and anxiety daily due to not knowing whether their parents will be there when they get home from school? Furthermore, what is the purpose of discouraging and preventing the youth from speaking out against actions that directly affect their lives, especially considering that the framework of our nation is built on the freedom of speech?
Various state representatives argue that students should simply protest outside the classroom. Yet, when students are in school from 8:00 AM to 3:00 PM, Monday through Friday, and spend the majority of their time fulfilling school-related responsibilities, when else are they supposed to express their views? Â
The constitutional rights of students at schools have long been protected by legal precedent. For example, consider the landmark Tinker v. Des Moines case, which was decided in 1969. In this case, five high school students were suspended for wearing black armbands in protest against the ongoing war in Vietnam. The case went all the way to the Supreme Court, resulting in a 7-2 ruling that affirmed the rights of students. Justice Abe Fortas stated, “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 Florida Department of Education letter violates and directly opposes this precedent. Public school students still possess their constitutional rights on school grounds, and to suggest anything in opposition to this sentiment violates the very basis upon which America has been built, both legally and judicially. Constitutional rights do not become invalid once a student enters school grounds. Similarly, the issues that students protest against do not simply disappear when students enter the four walls of school, either.
To get some additional perspective on the absurdity of the letter from the Florida Department of Education, we can consider some other approaches to student rights and civic engagement. For example, I received a particularly striking email communication while studying at Trinity College in Dublin, Ireland.
Not only did the faculty at Trinity College acknowledge students’ rights to protest and the importance of doing so, but they also made provisions to protect students from any consequences that might have resulted from missed classes during the demonstration. As academic institutions, schools should encourage students to exercise their civic rights and to speak up about issues affecting their lives. The letter from the Florida Department of Education is not only in direct opposition to the Constitution, but also deplorable for any institution claiming to instill education in the younger generations.
Students have a right to speak out, even on school grounds. Protests are permissible too, so long as they don’t constitute a “substantial disruption”. School districts and superintendents should recognize and respect the constitutional freedoms of students, and even encourage students to be knowledgeable of their constitutional rights and ways in which they can responsibly exercise said rights.Â
Discouraging dissent is the way tyranny wins, and we must not let the next generation fall victim. Instilling these freedoms is more important now than ever, and violations of constitutionally-protected rights should be called out for their illegality. Find out more about students’ rights here, and remember not to let any letter, official or institution take away the rights that generations of Americans have fought to protect and uphold. Â