I began reading the above titled book by Judge Tom Jacobs as
my second book. In it Judge Jacobs
describes the history (both past and present) of student’s rights to freedom of
speech and privacy. The layout of
the book makes it very user friendly: each chapter begins with a description of
the actions of students and consequences imposed by the school, state or
both. He then asks the reader to
think critically about the case and how they would rule. He then describes the
cases’ actual path through the court system and what the final action on the
student. When possible, he
contacted the students in a “where are they now” section and asks how they feel
about what they did and any advice for other students. Throughout the books are facts and
tidbits about student internet usage and thought provoking questions about the
moral implications of students’ cyber bullying actions.
The first chapter describes the Supreme Court cases
(“Tinker” and “Fraser”) that courts use as a barometer when deciding whether a
student’s First Amendment rights are being violated. I found this chapter very informative. While I talk to my students about what
is appropriate and inappropriate to say and write in school, I personally was
not very informed about where these ideas were formed. I feel that bringing
these cases and their outcomes into the classroom would be very beneficial to
students. My students frequently
tell me they have the “freedom of speech to say whatever I want” which is used
as an excuse for language ranging from profane to mean to incendiary about
drugs. I would love to see them engage in a class discussion to critically
think about how much of what they actually think is covered by “free speech” is
in violation of libel and slander laws. As 21st century learners
they need to become critical consumers of information. Many people claim the protection of the
Constitution with very little knowledge of what that actually means. This could be applied to the recent
story about the teen in Wolcott and his desire to wear the anti gay marriage
shirt. Here is a link to the story. Through the lens of the cases described in
the book, the students could critically think about whether the student’s legal
rights as well as how they felt about his actions in terms of their effect on
others. Groups or pairs of students could present their viewpoints in
class. This would also be an
opportunity for students to improve their digital citizen skills by find valuable
sources on the Internet to support their viewpoint. They would have to assess the sources for the validity and
properly cite them in their presentation. The last chapter even provides
students with helpful tips when doing legal research.
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