Limits of the First Amendment?
Xin Lei Ni
Limits of the First Amendment?
Xin Lei Ni
As all Americans know, freedom of speech is one of the most important rights our country offers, and many embrace it with unbridled pride. It allows individuals to express thoughts, opinions, and beliefs without government interference. However, many high schoolers believe this freedom gives them unbounding privilege to do whatever they please, on social media or in person. But in reality, the first amendment is not absolute and has its limits.
In one of the most well-known Supreme Court cases regarding student free speech, Tinker v. Des Moines (1969), it was established that “neither teachers nor students share their constitutional rights to freedom of speech at the schoolhouse gate”. Furthermore, this court case also established that schools, in fact, do have the authority to regulate speech that disrupts a learning environment. From then on, more regulations were established, many recently involving technology.
In today’s digital age, social media has transformed how students interact with each other. The range of personal accounts, mimicking satire, barstool sports, or even high school student sections are all used to communicate. Young adults utilize these accounts to share their opinions, jokes, pictures, and criticisms. While these posts receive an abundance of positive attention and laughs, it also leaves room to wonder: how far is too far? When does exercising your constitutional freedoms become trumped by the need to protect other minors?
The line drawn between free speech and moral and legal boundaries is a blurry one. It’s almost too easy for school-associated accounts to post something seemingly harmless and have it construed as bullying, harassment, or misinformation. Aiden Wieprecht, a student negatively featured on a well known social media account, shares his thoughts on the matter.
“As someone who spends a lot of my time on social media, the things we consume absolutely affect us. Cyber bullying has become such a big issue in the world, especially for our generation. When I was posted on the page at first I was angry, but then laughed it off. However, for others it’s not that easy, and we should all be more gentle with what we share on social media. Especially if it’s something shared with ill intent. ”
For most, it is entertaining and humorous to follow these pages and view the ‘harmless’ posts. But in posting, sharing, and liking on social media, it is crucial the moral and legal aspects are kept in mind. The first amendment was not created to be used as an excuse for hateful speech. As bullying becomes more normalized in society, it is important to understand the impact of our actions, not only for disciplinary reasons, but to foster a respectful and responsible culture in digital communication.