Free Speech as a Constitutional Liberty Affecting Courts and School Policies
Introduction
Constitutional rights refer to specific protections or limitations on duties aimed at regulating the citizen’s relationships with the government. The ability to express opinions without interruptions or free speech is a well-known example of such protections. This civil liberty guarantees the freedom of expression, which is reflected in court cases dealing with voicing unpopular opinions and preferences that might be considered discriminatory, and affects school-related policies in the U.S.
Right Selection and Explanation
One constitutional right of interest is free speech, or the government’s inability to prevent citizens from expressing thoughts that they would like to share. The provisions to protect this right can be found in the First Amendment to the U.S. Constitution, which guarantees uninterrupted expression with minimal restrictions (Parekh, 2021). The right in question pertains to the ability to discuss one’s ideas, form associations based on similar viewpoints, and participate in group events concerned with expressing one’s will or opinions (Parekh, 2021).
Unlike civil rights, free speech is a broad category that does not pertain to discrimination based on a particular characteristic (Parekh, 2021). Furthermore, liberties refer to protections from governmental restrictions, and the selected right features this element explicitly (Armaly & Enders, 2023). Due to these considerations, being a constitutional right, uninterrupted speech should be classified as a civil liberty rather than a civil right.
Supreme Court Case
A case related to the selected right was addressed by the U.S. Supreme Court this year. In 303 Creative LLC v. Elenis (2023), Mrs. Smith, an owner of a Colorado design company, was unwilling to develop wedding websites displaying homosexual couples. She intended to display that preference on the company’s social media but was afraid that doing so would make her liable under the state’s non-discrimination law. She argued for her right to express the belief that marriage is a heterosexual union.
The Supreme Court ruled that it would be unconstitutional for the state government to urge a service provider to make claims that would run counter to its principles (303 Creative LLC v. Elenis, 2023). The case is directly relevant to the aforementioned right because the plaintiff’s arguments rely on the First Amendment’s clause pertinent to free speech. Moreover, the very basis of her claim relates to the state government’s attempt to interfere with her ability to express opinions by using anti-discrimination legislation.
Policy Impacted by the Selected Right
The right to free speech affects numerous policies, including a Florida bill to ban the discussion of gender and sexuality in any school grade. A 2022 bill aims to expand the state’s existing provisions on such discussions in schools, prohibiting teachers from mentioning these topics in any grade (Yang, 2023). Along with the policy, such topics can only be addressed as part of non-mandatory health lessons or if explicitly required by state standards (Yang, 2023).
The free speech right affects the policy’s legislative history by causing opposition from the LGBTQ+ community and First Amendment experts (Yang, 2023). Although it has been signed into law, concerns persist that the bill infringes on students’ rights to discuss these topics and ask relevant questions at school (Coskun-Crabtree, 2022; Yang, 2023). Coskun-Crabtree (2022) expects the bill to result in a series of lawsuits against school districts to protect queer school students’ First Amendment rights to voice opinions freely. Overall, the bill’s opponents are afraid that this barrier to uninterrupted speech would exacerbate stigmatization.
Conclusion
Conclusively, the chosen constitutional liberty serves as the key principle to promote the articulation of opinions in the U.S. It can find use in court decisions dealing with individuals’ right to voice their beliefs and how they intersect with state legislation aimed at preventing discrimination. However, this liberty might raise questions about the constitutionality of policies that taboo specific sensitive topics, as observed in the case of some school-focused bills.
References
Armaly, M. T., & Enders, A. M. (2023). The partisan contours of attitudes about rights and liberties. Political Behavior, 1-21.
Coskun-Crabtree, E. (2022). Don’t say gay…At least, not in front of your teachers. GCU Law Review Blog.
303 Creative LLC v. Elenis, 600 U.S. (2023).
Parekh, R. (2021). A critical study on decency and morality as an exception to free speech. Indian Journal of Law and Legal Research, 3(2), 1-13.
Yang, M. (2023). Florida board approves expansion of ‘don’t say gay’ ban to all school grades. The Guardian.
