EDUCATORS AND THE FIRST AMENDMENT
Students learn freedom
by using it
By Randy Swikle
NINA Past President
In the classroom of a school that honors and applies the First
Amendment, the greatest challenge is inspiring students and others to acquire
a more panoramic vision of that cornerstone of American freedom.
With such a vision, one may more effectively understand and apply the
freedoms of speech, press, religion, assembly and petition. The formula
for meeting that challenge is simple: enlightenment via engagement.
Johnsburg High School is one of four in the nation that for two
consecutive years has been named a First Amendment School by the Freedom
Forum's First Amendment Center. But even in this environment, significant
challenges test free expression's most ardent defenders.
In education, the most pressing challenge is enlightenment. Herein lies
a paradox: What the First Amendment protects, it also requires. The First
Amendment protects the right of free people to give intellectual or spiritual
light to ideas. In return, the people must give back understanding and devotion
to the source of that protection.
If people are unenlightened about the First Amendment, then it will fail
to meet its potential for service. Alarmingly, most measures reveal the
American public lacks a keen understanding of the First Amendment. That
represents a threat to democracy.
As evidence, annual surveys published by the First Amendment Center of
The Freedom Forum monitor public attitude. In 2002, almost half of those
surveyed that the First Amendment goes too far in the rights it guarantees.
About 49 percent said the First Amendment gives us too much freedom, up
from 39 percent last year and 22 percent in 2000. Asked to name the rights
guaranteed by the First Amendment, fewer than 2 percent could name all five.
In 2001, more than half disagreed with the statement, "High school
students should be allowed to report on controversial issues in their student
newspapers without approval of school authorities."
A single sentence of 45 words, the First Amendment is packed with meaning.
Unfortunately, students and even educators tend to have a rather narrow
view of it.
Students who look upon the First Amendment simply as a protection for
them to express controversial, discomforting, unpopular, or critical views
in school are students who are wearing "horse blinders." They
don't see the big picture.
Educators who "support" the First Amendment as a concept but
who resist its application whenever expression is contrary to their personal
agendas or preferences also have a narrow, distorted view.
In both cases, the application of free expression is tainted by narrow
vision.
Educators, particularly school administrators, should understand the
protective nature of all five rights of the First Amendment. In public schools,
officials do not have complete, autocratic control over student expression.
Educators need to accept student rights and to encourage students to exercise
those rights responsibly. Protected expression should be protected even
when the educator thinks it is irresponsible. There are many routes toward
promoting accuracy, good judgment and ethics. The clout of the censor should
yield to the persuasive powers of the teacher. Suppression breeds contempt;
enlightenment promotes respect.
By considering legalities, ethics, diversity, discovery, and other aspects
inherent to the meaning of the First Amendment, one can better apply it
in ways that strengthen freedom and democracy. Take ethics, for example.
Knowing you have the right to do something does not mean it is the right
thing to do. A free society will tolerate some abuse of freedom in order
to protect diversity, but at some point it will draw a line in order to
protect the rights and welfare of others.
At Johnsburg High School, students exercise First Amendment rights with
the blessings of the principal, superintendent, and board of education.
In the journalism classroom, the weekly student newspaper has NEVER been
censored or subjected to prior review, despite many controversial articles.
Students have real decision-making power; and within the parameters set
by the Supreme Court, they control the content of their newspaper.
The maintenance of student rights is achieved through practice. Students
are trained to develop insight so they recognize issues, define problems
and determine solutions. The teacher/publication adviser serves as a catalyst
and mentor as students tackle real situations.
For example, when an assistant principal was arrested and charged domestic
battery and possession of drugs, it wasn't simply a "We've got the
right, so let's cover it" issue. Instead, legal and ethical considerations
were discussed, strategy of coverage was debated, and decision-making was
left in the hands of student editors. The school community was enlightened
through the dynamics of the First Amendment.
People will best understand the First Amendment's broad principles by
practicing its five freedoms. It's not enough just to know them; people
have to experience them!
Randy Swikle has taught journalism at Johnsburg High School in McHenry
County for 25 years. In 1999, he was named National High School Journalism
Teacher of the Year by the Dow Jones Newspaper Fund. He is a member of the
NINA board of directors.
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