School Efforts to Stem Violence Offer A Textbook Case of Limits on Speech

Dan Slater:

With the nation’s school systems roiled by campus shootings over the past decade, and on the lookout for conflict, students are being asked to check a broader array of free-speech rights at the door — raising questions about what lesson that is teaching them.
Public-school administrators are hewing to a zero-tolerance policy on expression they believe incites violence, and they are doing so with the backing of the courts. Controversial clothing has been a common casualty. Struggling with racial tensions at his high school, a principal in Maryville, Tenn., banned depictions of the Confederate flag in 2005 and was supported by a federal court. Last month, the Aurora Frontier K-8 School in Aurora, Colo., suspended an 11-year-old who refused to remove a homemade T-shirt that read, “Obama is a terrorist’s best friend.” The shirt caused “a very loud argument on the playground,” according to a statement from the school.
Since such actions stem from a concern over the safety of adolescents, even free-speech advocates acknowledge a need for some degree of deference to educators. But an argument of imminent danger is hard to make in many of these cases. Some think educators may be inadvertently teaching children that suppressing speech is the ready solution to ideological conflict.