One of the greatest rights American citizens have is the ability to express thoughts and opinions without restraint.
However, Indiana has recently introduced a new piece of legislation that may have an effect on student speech in grades K-12.
According to HB 1169, the Restoring School Discipline Act, Indiana public schools would be able to punish students who act or say anything that disturbs the educational atmosphere.
Students would also be suspended or expelled in order to maintain the peace.
The focus of this bill was largely directed toward dangerous behavior, such as cyber-bulling, as an attempt to minimize it throughout grade, middle and high schools.
While I appreciate Indiana’s acknowledgment of a serious issue and an attempt to eliminate it, they are completely going about it the wrong way.
Based on this law, any activity deemed inappropriate on or off-school property could result in serious punishments for students. This includes anything from weekends to holidays and school breaks.
The fact that a student who is not attending class or a school function can be disciplined based on certain behavior is absolutely appalling.
It would appear these government officials have never heard of the First Amendment.
According to the Tinker v. De Moines Supreme Court case, students have constitutional rights while attending public schools.
While administration has the capability to restrict student speech much more so than the government has toward the public, that does not make it right.
Speech in public schools can only be limited when it interferes with the educational goals of the institution.
How is it possible that a student’s actions or opinions can be restricted outside of the classroom?
Students who are in their own environments and outside of education should not continue to be monitored by the school. This is where parents are supposed to take over.
The problem I have with this bill is not only an issue of speech, but how far administrations will go in restricting freedoms.
When it comes to restricting behavior, everything is objective. What one individual may see as crude or obscene, another could view as innovative and creative.
What constitutes as disruptive conduct?
In today’s society, almost anything can be deemed as inappropriate and every behavior could hinder school objectives.
If this continues to be the case, many students will be denied an education based on suspensions.
The school years involved in this bill are also an important time of finding out an individual’s interests and personality.
By setting a firm restriction on this fundamental period of self-discovery, Indiana lawmakers are limiting this development.
Students cannot grow as individuals with laws in place, such as HB 1169.
In an article from the Huffington Post, Frank LoMonte, executive director of the Student Press Law Center in Arlington, Va., said it would not be long until a girl’s improper clothing causes a disturbance with the university’s goal of promoting proper attire.
He also provided an example — someone listening to rap music interfering with a teacher educating on grammar.
I could not agree more.
The introduction of this bill would also mean the opening of a door to controlling other behaviors and individuality, whether it is considered obscene or not.
While some administrations see this bill as an attempt to support student rights, I can only view it as a means of restricting them.
In regards to eliminating cyber-bulling, there are other methods our government could focus on instead of this bill.
Programs could be set in place educating students on the problems associated with teasing, as well as support groups for bullied children.
Indiana law makers cannot expect to promote academic experience by restricting these rights, especially off-campus.
By restricting the freedoms of students, this bill will ultimately restrict the rights of the public by limiting individual ideas and expressions.
By CLAIRE MUNN
Senior Editor
clamunn@umail.iu.edu