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+ The rights guaranteed in
the First Amendment are not
absolute. Some expression
receives no First Amendment
protection because it directly
infringes on others’ rights (e.g.,
libel, copyright infringement,
false advertising). This includes
speech that directly incites
violence or other illegal
activity.
+ First Amendment protection
does not imbue legitimacy
to repugnant ideas or offer
a shield against discussion,
debate or even outright
condemnation. Some try
to brush off criticism with
claims like, “Well, the First
Amendment protects
my speech.” While that
statement is often true, it
doesn’t mean others can’t
and shouldn’t ardently
criticize certain expression.
Merely acknowledging the
government’s inability to
censor speech doesn’t, by any
means, absolve this speech
from public scrutiny.
+ Being offended isn’t a direct
infringement of one’s rights.
That, of course, does not
diminish the pain and hurt
people feel from careless or
hateful words. But the effort
to push back the tide of
intolerance is more speech,
not censorship. The First
Amendment protects hateful
or intolerant expression, but
it also protects the voices of
those speaking out against it.
Here are some practical ideas
for more First Amendment
education in your classroom:
+ Teaching students about
free speech is essential,
especially how it relates to
the school environment.
Tinker and Hazelwood need
to be standard parts of your
curriculum. But so do cases like
Snyder v. Phelps, Brandenburg
v. Ohio and Texas v. Johnson.
Students should begin to
understand the basic legal
reasoning about why the
First Amendment protects
expression that so many regard
as having little or no value.
This also includes teaching
about unprotected speech
and why some expression falls
outside the bounds of the First
Amendment.
+ Remind students of ways
the First Amendment shows
up in daily life: logging onto
social media, attending an
art show, going to a church
youth group, and checking out
a library book. These routine
activities should be noted and
appreciated. In many parts
of the world, such simple
freedoms are non-existent.
+ Assign students to investigate
how the First Amendment has
been the impetus for social
change. Movements like the
push for civil rights, women’s
rights and LGBT rights
succeeded solely because
advocates used their power
to speak, write, publish and
protest.
+ Cover the First Amendment in
your publication. If a protest
erupts at your school or in
your community, student
reporters should research
how free-speech law is
pertinent to the case. Help
inform your audience how
the First Amendment works
by consulting experts whose
insights can give readers a
deeper understanding of the
five freedoms.
+ As advisers, stay abreast of
changes in the law and with
new issues that arise related to
free speech and the press. Seek
continual training through
workshops, classes and new
curriculum materials.
+ Ask students to explore issues
in the news and to discuss how
and why the First Amendment
is relevant. For instance, is
the government involved in
censoring speech? Does the
expression fall into an area of
unprotected speech? Learning
how to talk about the First
Amendment, to discuss what
is and isn’t protected, and to
apply some of the principles
mentioned in this article are
major first steps to having
intelligent conversations about
appreciating and protecting
everyone’s rights.
LIST OF RESOURCES TO LEARN MORE
ABOUT THE FIRST AMENDMENT:
+ Student Press Law Center
+ Journalism Education Association’s Scholastic Press
Rights Commission
+ First Amendment Center at the Newseum Institute
+ National Constitution Center
+ Bill of Rights Institute
+ First Amendment Coalition