Thursday, April 24, 2008

Free Speech and the National Day of Silence

Friday, April 25th is the National Day of Silence, when students attempt to gain recognition for anti-LGTB name-calling and bullying at schools. Throughout the day, students who desire to participate remain silent to show solidarity for those that feel they must remain silent everyday.

Students who participate, and they have the right to participate, may not disrupt education (i.e. they cannot use this as an excuse to remain silent during class though they could make an arrangement with their teacher beforehand).

Students may have a right to wear clothing or certain paraphernalia (buttons) to support the Day of Silence. Students also have the right to wear clothing that speaks out against homosexuality and the day of silence. Both will be subject as to whether or not they disrupt the educational process.

The National Day of Silence is not an official, school sponsored event.

Oddly enough, the Seventh Circuit just decided Nuxol v. Indian Prairie School District, in which the Judges ruled that a student had the right to wear "Be Happy, Not Gay" T-Shirt on the National Day of Silence. The Court ruled that this shirt, "is only tepidly negative"and, as such, would not disrupt the educational process.

In light of other recent decisions about T-Shirts in Schools and "Bong Hits for Jesus," the jurisprudence of free speech in public schools is becoming quite convoluted though I wonder how much education actually happens in schools anyway, regardless of whether or not students involve themselves in the day or protest the day.

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