OPINION: How the 1st Amendment Affects Students

By Amy Jenne, History and Educational Studies

Many students have heard of the First Amendment and know about freedom of expression and speech. However, I doubt many know the specifics of how the First Amendment protects you as a student. In 1969, the U.S. Supreme Court ruled in Tinker v. Des Moines that students do not lose their constitutional rights, as given to them in the First Amendment, when they step foot onto school property. Public school officials, such as teachers, are prohibited from censoring student speech.

Now to those who are already saying “but my friend got in trouble for doing this, this, and this,” I will explain why. Public schools are allowed to enforce their own restrictions; an example would be George Mason University’s Judicial Code. This is where Mason outlines its behavioral expectations, student organization expectations, as well as more. Although, as a student, you have rights to freedom of speech, expression, press, etc., we all know that we are not allowed to violate the university’s Judicial Code.

What is the Judicial Code? I asked myself that same question two years ago. It’s the rules put in place that ruin my good college times, but protect the university. For example, I personally do not agree with the viewpoint of Michael Gryboski, a Broadside contributor, about homosexuality. As many of you have read on Connect2Mason.com, or in Broadside, his article titled “Homosexuality is a Mental Illness” upset many students and organizations. To echo the sentiments of many other readers, it was a very upsetting article. As the best friend of columnist Billy Curtis and others of the gay community at Mason, I was offended. But Gryboski has the First Amendment protecting him even at Broadside. He did not break any school or Broadside policies in writing the article and Mason does not censor school-sponsored student expression. Your First Amendment rights extend even further though and most importantly, protects what you wear as a college student. Want to wear a shirt with a pot leaf on it? Go for it. Wear a shirt with a Corona bottle on it? Of course! You can thank the First Amendment and Mason for allowing you to do so. Mason does not have any restrictions on student dress, unlike my high school, where if you were a female and you wore a shirt that was cut too low, you would be asked to change into gym clothes or sent home for the day. According to the Fairfax County School Board Student Dress Code, student cannot wear clothing with “language or images that are vulgar, discriminatory, obscene, or promotes illegal or violent content.” I, for one, can say I am glad I am out of high school. After reading my blabbering, doesn’t the First Amendment sound amazing? Although I’m sure that this was boring to those who know their rights. Many students do not. I did not know my rights two years ago, when I was facing the Judicial Office at Mason. As an American citizen, you should understand your constitutional rights; as a student at Mason, you should be aware of the Judicial Code. Maybe now you have a better understanding of the basics of your First Amendment rights.