Update:Don't forget to include your name, unless your screen name includes your first and last name. Otherwise I can't credit you for doing the assignment!
If you forgot to include your name, write a second post, saying what time you posted, what your screen name was, and what your actual name is (you can use just a last initial if you prefer).
Background
In our fictional story, Corinne has claimed that Cromwell's Discriminatory Harassment Policy violates her rights to freedom of expression under the First Amendment to the Constitution of the United States.
We looked at the first amendment, and looked at an overview of how the first amendment has been interpreted. We found that the court generally tries to balance the interest an individual has in the expression at issue, versus the interest the state (in this case, the state is represented by the school) has in limiting that expression.
We then generated two further, central questions:
1. What is the interest an individual has in free expression? What's good about letting people express their beliefs, even if those beliefs are offensive?
2. What interest does the school have in limiting the expression of offensive or hostile beliefs?
Assignment
Using those two questions as a springboard, generate at least two more questions that you'd want to have answers to, before you could answer the general question about whether the school's policy is unconstitutional or not.
Remember that a good way to generate questions is to throw ideas around, and then turn claims into questions. You can also do some research to help generate further questions. We're getting into a level of depth, now, that will make this assignment challenging, but you can do it!
Post your answers in comment, below.
Answers are due no later than 4 a.m. on Monday, September 6. Ideally, they'll be posted by 6 p.m. on Saturday, September 4.
Confederate flag images (c) William Quigley under Creative Commons attribution/share alike
1.What does the school consider offensive? at what point is something considered so offensive that it needs to be dealt with?
ReplyDelete2. Is it considered offensive to the offender for having to take down the offensive item? they are having to take something down that they belive in (offensive or not), so is the school offending them by ordering them to take it down?
Emily Fong-
ReplyDelete1.How does the school know that a specific persons' opinion about what is considered discriminatory biased or not? How do they know who to trust? What is considered discriminatory to one may not be to another. As humans, we are all naturally bias about certain situations, due to knowledge gained from former similar situations.
2.How do we know that the schools' solution to the problem is not biased? Even if the school board decides to settle the problem by taking votes on who thinks the conflict is considered discriminatory or not, how do they know that the final decision is "right"? Pretend if they made a final decision and said that Corinnes' interest in displaying the flag is considered discriminatory. How do we figure out if that decision was made just because most of the people who placed votes were biased and happened to stand on Sondras' side? (and vice versa also) How do we know where to draw the line so that the solution is "fair" on both parties?
1. How can the supreme court, government, specific schools, etc limit, control, monitor free speech so that it is free speech but also maintains a safe and secure environment for everyone?
ReplyDelete2.How can we have free speech without having it judged on a base by base situation?
Mia Henderson-Bonilla-
ReplyDelete1. How biased is the school in considering what is offensive? If there has been other cases, are those cases evaluated the same or are they looked at differently from case to case?
2. Is there a general definition of what is considered being offensive under the school's policy? Considering that defining something as offensive will differ from person to person, how offensive does something have to be in order for it to be brought to the school's attention? Is every report of offense looked at or only some?
1. If "Congress shall make no law" abridging the freedom of speech, or of the press, how shall the first admendment be defined in a school setting after citing Brown -vs- Board of Education?
ReplyDelete2. Noting that Corrine's father maybe gave "generous donations" to the school did he assume his daughter would be privy to a private room, thus relinquishing his right's to the 1st Amendments?
1.
ReplyDelete1.1. Does an individual’s freedom of expression cause a serious harm to the other? If it doesn’t cause a serious harm to other people; should the fundamental human right, the freedom of expression be limited?
1.2. What kind of expression should be considered to be seriously harmful to others mentally and physically?
1.3. How does it affect the educational environment when students have unpopular opinions/actions which are reasonable but nonconforming to the school policies? Does it restrict students from tolerating diversity .
1.4. How does society interpret the harms of discriminatory harassment?
2.
2.1. Do the policies that the school enacts restrict the constitutional right to free expression based on the content of the expression?
2.2. Do the costs of those policies created by the school outweigh their benefits? How does it affect the educational environment when students have unpopular opinions/actions which are reasonable but nonconforming to the school policies?
How does censorship relate to the situation and how does it undercut the benefits of higher education? Is it practical in improving the learning environment? Does it restrict students’ tolerance of diversity and feel hard to get along with each other?
2.3. Is the harm caused by those hating expressions so serious that the policies to restrict freedom of expression are morally required?
2.4. How to help students be aware of their biases and judge the other with an open mind and objective point of view on historical facts? How to make student look at the history and make trustful, reasonable judgments about it?
2.5. How to balance between the individual rights (if Sandra has a reasonable point of view)and group rights(the school in the case that Corinne’s father support school).
1. If we are to take the interest of an individual's free expression into
ReplyDeleteconsideration, we have to first understand what is the individual's
motivation in expressioning their beliefs. What is the purpose behind an
individual's free expression? What do they hope to gain or achieve with
their expression? Are they trying to promote their beliefs or just display
it?
2. The preceding question regarding limiting the expression of offensive
or hostile beliefs is how and who defines what is offensive and hostile?
What is the defining mark, line, category? Who defines it? Would the
determining body be a singularity or a collective? And if so, how do we
ascertain the nutrality of this collective body that defines these
expressions of offensive and hostile beliefs?
1) Is Cromwell’s DH policy effective in eliminating a hostile environment for students? Is the enforcement of the DH policy helping students reach their educational goals without fear of having to be in a hostile environment?
ReplyDelete2) Is the persons freedom of expression helping to enlighten others about an issue that some may not have considered because, the subject to them, was offensive?
1. Where can we draw the line between the freedom of speech and one's right to privacy? How do we handle the situation where one's freedom of speech violate others' right of privacy?
ReplyDelete2. Do schools' discriminatory harassment policies generate more differences and prejudices amongst students? Isn't it more like making students aware of their racial and ethical differences when we enforce the DH policies in school?
1. Who made the school's discriminatory harassment policy? Is the policy similar on other school policies? How up to date is the policy or when was the policy last revised?
ReplyDelete2. How was Corinne's beliefs on the Confederate battle flag truly brought up? Does her knowledge of the flag justify her side of the case?
Risha Chand
ReplyDelete1)What are the limitations/border line of free speech? How far can an individual take their expression for there to be some justice given to the person he/she may have offended?
2) Under obvious circumstances is there really a need for a trial to find out what the offenders true intentions were while they were expressing themselves? Also, if it's clear that the offender has been raised a particular way or has been exposed to certain things in their life is it wrong/difficult/unfair/ for someone (in this situation sondra's school) to give justice to sondra immediately? Does common sense play a role in situations like this at all?
1. What is the school’s policy regarding freedom of speech? At point does expressing our beliefs become offensive to others?
ReplyDelete2. If the school has its own policy on freedom of speech, would it still be consider freedom of speech? To what extend does someone have the freedom to say anything they want?
1. To what extent do we allow freedom of speech and to what extend to we believe it becomes offensive?
ReplyDelete2. If Cromwell allows extensive "freedom of speech" who is to support the educational institution. Shall the Federal Government be responsible with grants, scholarships, and overall educational funding?
3. Should Cromwell be required to loose federal funding and be exclusively a "paid for educational" institution - that is a privately funded college.
1. What is considered offensive under the school's policy?
ReplyDelete2. Does the school's discriminatory harrassment policy differ from other school policies within other States? How have other similar cases been handled?
1. Freedom of speech and expression are very important rights and it is the Constitution’s duty to protect it, however, the place or venue one chooses to exercise this right also must be taken into consideration. In other words, I should not walk into a Jewish temple with a t-shirt of Hitler on waving a Nazi flag, and I should not be allowed to do anything similarly offensive at a public school or university either. Not to say that the act is completely illegal or against the law, but it must be exercised at the proper place and time. With that being said, were there any similar cases at any school or public forum before now? If so what was the ruling?
ReplyDelete2. Are there any cases regarding the 1st amendment or any other amendment where a private institution may have imposed stricter regulations than the Constitution? What were the outcomes of those cases? Is it within the School’s rights to protect its student from materials that are considered offensive or should it have been a police matter to begin with?
1.How can the school decide what is offensive if each individual student if offended by different things?
ReplyDelete2.When and where does the 1st amendment stop in the decision of free speech when it comes to students in school?
1. To what extent of free expression is considered harmful? Does the expression interfere with someone's study performances?
ReplyDelete2. Does the school have any history on the DH policy? How did they handle it? What are the consequences of violating the DH policy?
3. What are the claims regarding the discriminatory harassment policy in the constitution?
Kayla Sanders
ReplyDelete1. At which point do you draw the line between your rights and that of which is considered harassment?
2. Do we reliquish these rights when we expect more for what we've done for the courts or schools? And wouldn't you then be giving up your rights as a person when you expect such well treatment?
3. Does the college then seperate themselves from the donatators to give fair judgement on the case?
1. How do you determine one is being offensive, if each individual perceives the issue differently?
ReplyDelete2. Would it still be consider offensive to the school policy if both individuals are the same race?
This comment has been removed by the author.
ReplyDeleteThis comment has been removed by the author.
ReplyDelete1. What is consider free expression if it offends an individual or a group of people?
ReplyDelete2. Should the school limit free expression on campus to prevent hostility among students? If so, what kind of limitation should be placed on free expression?
1.Freedom of expression under the First Amendment to the Constitution of the United States encourages the free expression of ideas, opposing views and criticism. Does freedom of speech mean that the speech you express can't be criticized?
ReplyDeleteEveryone has the right to freedom of thought so what's student constitutional right to have freedom of speech? How does school's protection for students to support them for having freedom to speak forceful? Will the students be protected from any form of discrimination on the ground of belief if their belief are violated?
Do students have the freedom to express their hatred?
2.How much freedom should students have in expressing their offensive point of views in school?
What benefit the school in reducing the expression of offensive or hostile beliefs in its learning environment?
1) Does the intent of an individual expression represent harassment if that intent was not intended for the sole purposes of harassment?
ReplyDelete2)Should the school policy be more specific with a list of common rules that they want to imply in regards to discrimination and how does these rules corresponds to our constitutional rights?
1. Is there any specific claim in the 14th amendment that Sondra can use as an advantage for her side of the case against the Corinne's claim of the 1st amendment, or vice versa?
ReplyDelete2. To what extent can the constitution help an individual's case without going past the line of what is morally right to a reasonable person?
Sakina Sumandal,
ReplyDelete1. First off when is freedom of expression limited when someone does go to far and their expression of their feelings become offensive and to much for others to handle? When do we draw the line between expressing yourself freely negatively and positively? When is enough even enough? Even though Corrine may have been expressing herself freely, but ignorently to the truth behind that flag, when will she ask herself not based on what her father may believe, but what she believe's that by having an African girl for a roommate and having that flag hung up in--their room--how does it make Sondra feel?
2. As for the schools limits on prohibiting offensive and bais things from their school is a hard one because they can't keep an eye on everyone 24 hours a day things are going to happen its life. But, what they can do is make sure they try their hardest too prevent it but in a way that everyone's happy most of the time because not everyone is going to be happy all the time. Also why is it that the situation had to be taken as far as court when something so little could have been taken care of with a talk between both parties? When they say their policy is unconstitutional or not the court has a lot to consider like is her right to privacy really a good fact when really Corrine doesn't have that right when she has a roommate that also has to be considered? Both of the parties freedom of speech is at stake not just Corrine and to me it doesn't sound like they were trying to hear Sondra's side out fully. My big question is does Corine need to take down the flag or not? and why or why not?
Professor Boyle I shouldn't have cited Brown vs Board of Education which had nothing to do with freedom of speech. I was reading your citings on the Exploring Constitutional Law of Landmark cases. After reading the citing I took it a step further going to the Brown vs Board of Education to see if the regulations and responsibilities of Cromwell were cited "during" Brown vs Board of Education bill passing, or whether Cromwell College had yet to update their rules to include the 1st Amendment. I did find that Kansas (not understanding what state Cromwell College was in) did not agree to the 1st Amendments, which would make Corrine's case obsolete. Then again, it may have been a majority vote, in which case didn't need Kansas to agree.
ReplyDeleteMy question should have been:
1)how can a balance be established between Corrine and Cromwell College, when the 1st Admendment cleary states there shall be no law(s)established curtailing the rights and priviledges of freedom of speech, which would make Cromwell's regulations and responsibilites under harrassment obsolete.
2) Corrine's father may have felt his "giving" substantial donations to the school gave him priviledge to have another student assigned to his daughters room on the same social level and cultural background as his. It could be seen as a voilation of Corrine's 1st Amendment rights to have an African American assigned to the room knowing there would be conflict which would constitute "harrassment" on Sondra's part. It was quite evident that Corrine's parents were shocked and had no idea that an African American would be assigned to that room.
Forgot to post my name! Anthony Lopez and i posted on September 2, 2010 5:53 PM
ReplyDelete1. Who determines the interest of the individual? Is it the individual or influence by society. Who determines if that interest is in the best interest of that individual? who determines whether a belief is offensive or not?
ReplyDeleteIs it society that makes this determination or is it an individual's will? Also, should we let society dictate these beliefs and interests or
do we let our own beliefs dictate our decision?
2. How is the interest of the school determined? Who determines whether this
interest is in the best of interest of the school? who determines or what determines
the best interest of the school; again, is it a collective agreement, and individual's will?
What determining factor or who determines what beliefs is considered hostile or offensive? Who or how is this belief offensive and to whom is it targeting? Does the target matter; does one targeted group change how the belief is viewed?
Forgot to post my name Morling Cortez, posted of the 5th at 10:58 pm
ReplyDeleteKayla Sanders
ReplyDeleteWho has a say in what is considered free expression or a showing of belief? To what extent do we remove the rights of the individual to suit another person’s liking in the matter?
This is to update my earlier post from the email - and assist in helping me understand what the homework was suppose to be?