3_04 Hypothetically if this happened...

A high school prints a monthly bulletin for students and parents. In it the administrators post the license plates of vehicles they contend have been speeding in the school zone. Several parents sue, stating that they have been unjustly identified.

This is not libel because it is public knowledge. The school did not put out names, they put out license plate numbers allowing students and parents to check and see if they were the alleged speeders. In my opinion the school made the right decision and put out the information in a polite and yet pointed way. The parents acted irresponsibly. Instead of suing they should have gone and checked the facts and the school should have been ready to present them. The school stated the problem, speeding, and the people they claimed were guilty with no apparent malice or injustice on their part.

Freedom of Speech

      Freedom of speech, a controversial subject in many cases. It is a unique and very precious right that we have in America and one that we protect with almost as much zeal as we condemn it. We want to speak and express but get offended when others feel they are doing the same. On the other hand, all rights come with restrictions.

Amendment I

Congress shall make no law respecting an establishment of religion, or 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.

                                                                              -Bill of Rights

     A pretty straight forward statement almost vague in its simplicity, I wonder if the writers really knew how many ways it would be interpreted and expanded over the years.  
     It is almost hard to believe that so few words, forty-five to be exact, can have such a crucial role in forming our country today. Putting aside the larger ramifications that this Amendment has had on America; politics, women's rights, equal rights, war, the economy and so on, it can effect even the quietest of citizens in big ways. 

There are more than enough examples but, for no other reason than because of the recent date, we are going to examine the case Dariano v. Morgan Hill Unified School District. Strange, don't you think? That high school students would actually sue their school? Maybe not. 

• On May 5, 2010 (Cinco de Mayo) several students wore shirts with the American Flag emblazoned on the front. The assistant principal ordered them to remove them calling them “incendiary.” Cinco de Mayo is a Mexican holiday and one could see why wearing these shirts may be a little annoying or unconventional to a person that celebrates or honors Cinco de Mayo.

     Three students sued the school for violating their First Amendment Rights, before I reveal the verdict let me draw your attention to two other cases concerning the First Amendment that were very controversial.

• First, Tinker v. Des Moines Independent Community School District (1969) These students were in a similar, if not more dramatic situation. Three students wore black arm bands to school showing their protest to the Vietnam War. They were then suspended for disobeying a school rule stating that students could not wear arm bands. This rule was actually put into effect because the principal gained knowledge that a group of adults and these students planned to wear these bands for a determined amount of time. The case went to court and the school lost the case due to the First Amendment, which also protects freedom of expression. 

To read more about the details of this case please go to:  http://law2.umkc.edu/faculty/projects/ftrials/firstamendment/tinker.html

• I was drawn to this next case mostly because of the recurring symbol of the American Flag. In Texas v. Johnson (1989) A man burned the American Flag. Burned it. He was with a group protesting the Reagan administration by marching through the streets, chanting and then burning The Flag. No one was physically injured or in danger but many spectators were very offended. Johnson was arrested under "desecration of a venerated object in violation of a Texas statute" The case went to Court and Johnson was found not guilty. The reason being, the flag was burned at the end of a political protest and expressive conduct is protected under the First Amendment.

     As I said before, freedom of speech can be controversial. Both of the above cases were politically involved, both involved adults, and both had laws or rules prohibiting the action. (The school principal prohibited arm bands and the state of Texas prohibits the desecration of a venerated object.) In both cases the First Amendment won out. However in Dariano v. Morgan Hill Unified School District they lost. There is no rule or law that prohibits wearing the Flag on any day of the year or to any place, no law banning many students from wearing that same Flag on the same day, but because the school feared violence, or racial gang violence freedom of expression was barred. The possible ramifications, physically or emotionally, to the students if this incident had remained unchecked are not known but many will wonder if the school and the court made the correct choice. They were in a catch 22 and there was not much they could do. To let the action continue, the shirts had been worn in the previous year, no one knows what could have happened. Violence had already been threatened and the school wanted to avoid “ongoing racial tension and gang violence within the school.” To make them remove the shirts "would allow those other students to impose a “heckler’s veto” on the plaintiffs protected speech." 

     The attorneys that represented the students vowed to appeal and you can decide for yourself whether or not that is a good idea or just a waste of time.

 

 Works Cited

Bill of Rights,  http://www.archives.gov.html

Dariano v. Morgan Hill Unified School District, http://www.firstamendmentcenter.org

Texas v. Johnson, http://www.ala.org, http://www.law.cornell.edu 

Tinker v. Des Moines Independent Community School District, http://law2.umkc.edu

 

3_01 code of ethics

Freedom of speech is a right all citizens of the United States have. The freedom to express our opinions and views is invaluable. We can share and learn, creating opinions that make us different and individual. The problem is that we can't always trust what we read or sometimes what we see. It is hard to trust a person that you don't know, in essence a stranger, with the responsibility of informing but a code of ethics can help.

My Code,
1. Report the truth to the best of your knowledge.
2. Clearly distinguish between fact and opinion.
3. Always cite sources and give credit where credit is due.
4. Inform without exaggerating or embellishing on the truth.
5. Do not stereotype or pass judgement in writing.

I believe this to be the best code in the fewest words possible. In journalism it is important to tell the truth as simply and straight forward as possible, to report on events and people that are newsworthy, and to refrain from pushing personal opinions onto readers.