Topic > First Amendment and Constitutional Freedoms in...

The First Amendment, usually equated with free speech, offers five protections: Establishment Clause, Free Exercise of Religion, Free Speech, Free Press, and Freedom of Peaceful Religion. . Students (and groups of students) at public colleges and universities enjoy full protection under the First Amendment; however, this right depends largely on the context in which a student might raise a free speech claim. 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 views. Given the great freedom given to students, the freedom is not absolute. Courts have allowed administrators to impose reasonable restrictions on where, when, and how students and groups attend. In the case of Tinker v. Des Moines, the court made clear that students do not “…forfeit their constitutional rights when they enter the school door.” To reinforce the importance of free speech on campus, the court said in Shelton v. Tucker “The vigilant protection of constitutional liberties is nowhere more vital than in the American school community.” These rights allow students to take courses on a wide variety of topics, which may include topics often considered controversial. Additionally, the student must have the ability to explore and discuss such topics without fear of censorship or retaliation Because of the rights afforded to students in the First Amendment, school administrators cannot prohibit students from being ignorant, hateful, mean, or even using language. offensive Consider the case Street v. New York, the Supreme Court held that the speech could not be limited because offensive this case stated: “… middle of paper … settled jurisprudence of the school to limit such freedoms when seeking to limit or grant speech administrators to students or groups must be consistent, because allowing a student or group to express their First Amendment right opens a door for other students or groups that may be difficult to close. The institution should have clear policies designating public forums, designated public forums, limited public forums, etc. and non-public forms. Additionally, a policy should be created that explains a student's rights with procedures through which a student can redress complaints. Beyond established policies, administrators must be aware of (and trained in) student rights, but they should also understand the breadth of power that public institutions have to limit those freedoms when the expression of those freedoms it would cause disruption to the school..