the clampdown on teen rights.THE COLUMBINE columbine, in botany columbine (kŏl`əmbīn), any plant of the genus Aquilegia, temperate-zone perennials of the family Ranunculaceae (buttercup family), popular both as wildflowers and as garden flowers. KILLINGS FUEL A NEW DEBATE ABOUT FREE SPEECH, PRIVACY--AND THE RIGHT TO BE SAFE IN SCHOOL. ARE SCHOOLS OVERREACTING? Antonious Brown was looking forward to graduating from high school last spring, when some friends told school authorities about a story he had written in a private journal. The Atlanta 17-year-old, who has been writing fiction for pleasure since he learned his ABCs, was imitating his favorite author, Stephen King <noinclude></noinclude>
Stephen Edwin King (born September 21, 1947) is an American author of over 200 stories including over 50 bestselling horror and . In a scene inspired by the book Carrie, Antonious's story climaxes with a violent graduation episode. The principal recommended counseling, and that was the end of that. Until April 20, that is. That's when two Littleton, Colorado The City of Littleton is a home rule municipality located in the Denver Metropolitan Area of the State of Colorado. As of 2005, the city is estimated to have a total population of 40,396.[1] Littleton is the 17th most populous city in the State of Colorado. , high school students went on a gory go·ry adj. go·ri·er, go·ri·est 1. Covered or stained with gore; bloody. 2. Full of or characterized by bloodshed and violence. rampage, killing 12 classmates Classmates can refer to either:
Arrested and Expelled Days later, Atlanta police arrested Antonious and charged him with making "terrorist threats," based on the same journal school officials had already seen. He was expelled from school and not allowed to graduate, and while lawyers battled over whether he needed to see a hospital psychologist (ultimately, a judge decided he didn't), he spent two days in jail. "I didn't harm anyone," he says. "It was just a hobby. I let a teacher read the story, and the teacher said it was good. I've been waiting all my life to get to 12th grade. Then this happened to set me back. It's not fair." Widening the Scope Antonious is not alone. In the months since Columbine, authorities' rules for what is, and is not, acceptable behavior for teenagers have been drastically rewritten. Hoping to prevent another tragedy, parents, teachers, police officers, and the courts are trying to attack violence at its roots. Instead of waiting for another disturbed student to gun down his or her classmates, they have widened the radar scope Radar Scope is an early arcade game designed by Nintendo, developed by Ikegami Tsushinki and released by Nintendo in November, 1980. It is a shooter that can be viewed as a cross between Space Invaders and Galaxian. for acts that could be signs of potential trouble. The result: Teenagers are being interrogated, suspended, reprimanded, and even arrested--not for committing actual crimes, but for what they say in class, write on tests, post on the Internet, or e-mail to a friend, as well as what they wear and even how they do their hair. Taken together, civil-liberties advocates say, these policies amount to the biggest crackdown on teen rights in recent history. "It all seems driven by post-Columbine hysteria and misinformation mis·in·form tr.v. mis·in·formed, mis·in·form·ing, mis·in·forms To provide with incorrect information. mis about safety," says Ann Beeson, an attorney with the American Civil Liberties Union American Civil Liberties Union (ACLU), nonpartisan organization devoted to the preservation and extension of the basic rights set forth in the U.S. Constitution. (ACLU ACLU: see American Civil Liberties Union. ). "Students have always been irreverent, but we shouldn't punish them for that behavior." Beeson and others say the crackdown infringes on the rights of teenagers, dangerously eroding the freedoms guaranteed all citizens in the Constitution. But concerned parents and school officials say the extra vigilance is justified if it saves children's lives. School officials, for instance, saw Antonious's writing as a possible threat. "In light of what has happened to other communities," says Atlanta schools spokeswoman Lisa T. Smith, "no one can afford to take such threats lightly." And no one is: In Marble Hill, Missouri Marble Hill is a city in Bollinger County, Missouri, United States. The population was 1,502 at the 2000 census. It is the county seat of Bollinger County GR6. Marble Hill is the only city in Bollinger County. , a high school student was failed for an entire semester for posting a Web site on his home computer that was critical of his high school. In Cleveland, Ohio "Cleveland" redirects here. For the Cleveland metropolitan area, see . For other uses, see Cleveland (disambiguation). Cleveland is a city in the U.S. state of Ohio and the county seat of Cuyahoga County, the most populous county in the state. , 11 students were suspended for writing satirically about the Colorado gunmen on their personal Web site. In Salt Lake City, Utah For ships of the United States Navy of the same name, see . Salt Lake City is the capital and the most populous city of the U.S. state of Utah. The name of the city is often shortened to Salt Lake, or its initials, S.L.C. , a student was suspended for wearing a T-shirt that said "vegan vegan /veg·an/ (ve´gan) (vej´an) a vegetarian whose diet excludes all food of animal origin. ve·gan n. " (authorities thought this word for a strict vegetarian diet referred to an extremist group). A Pensacola, Florida
Democratic societies have always had to strike a balance between safety and liberty. Since the 1970s, the pendulum has swung gradually back toward safety. Columbine and other recent school shootings have simply accelerated the trend. But many teens and civil-liberties defenders say the current efforts to protect students come at the expense of their rights. Those rights include freedom of speech, as guaranteed in the First Amendment to the Constitution; freedom from unreasonable search and seizure unreasonable search and seizure n. search of an individual or his/her premises (including an automobile) and/or seizure of evidence found in such a search by a law enforcement officer without a search warrant and without "probable cause" to believe evidence of a , as guaranteed by the Fourth Amendment; and the right to privacy, as defined by the Supreme Court. (See article, opposite page.) Free Speech on the Net The crackdown is happening at a time when a powerful new communications tool, the Internet, has complicated the issues of free speech and privacy and blurred the line between home and school. Take the case of Zacharia Paul. Last spring, the Murrysville, Pennsylvania, 17-year-old wrote a top-10 list of the reasons his track coach was always angry. The list included many profane references to the coach's anatomy, which Zac admits were in poor taste. He e-mailed the list to friends, and when it found its way to Franklin Regional High School, Zac was suspended for 10 days, given weekend detention, and forced to miss a key state track meet that he says was important to his future college admission. "They were punishing me for hurt feelings," Zac says. "What I wrote was a bit vulgar, but there was no threat involved. If I had done this at school, that would be different, but they have no right to follow me home. This is no different than my standing on a street corner and telling a friend I hate my principal." Except that, thanks to the Internet, any kid now has the ability to write something in the privacy of his or her own bedroom and, with a click of a mouse, zap it into cyberspace for the world to see. Lesson in Civility The school was not amused. Franklin schools Superintendent Lee Rieck says this was the second time Zac had written insultingly of a school staff member--the previous time he had called the librarian a Nazi--and that it was vital for the school to be able to stop him. "When we reach the point where public schools cannot take steps against such indecency INDECENCY. An act against good behaviour and a just delicacy. 2 Serg. & R. 91. 2. The law, in general, will repress indecency as being contrary to good morals, but, when the public good requires it, the mere indecency of disclosures does not suffice to exclude , then we seriously undermine our ability to educate kids in the area of civility," Rieck says. "Like a parent, the school has responsibility for a child's actions outside the home." The ACLU sees it differently. "It's what I call subzero tolerance," says Kent Willis, executive director of the ACLU of Virginia. "Subzero tolerance is where punishment is given for behavior that doesn't even violate any rules." Different for Teens The rules also seem to be different for teenagers than for adults. Graham Gardner, a northern Virginia Northern Virginia (NoVA) consists of Arlington, Fairfax, Loudoun, and Prince William counties and the independent cities of Alexandria, Falls Church, Fairfax, Manassas, and Manassas Park. 14-year-old, was given a class writing assignment just a few days after the killings in Colorado. The students in his eighth-grade English class had 10 minutes to finish the sentence, "If I could do anything to this school, I would ..." Graham began his answer with: "blow it up." The essay went on to say that he wished only to build a better school. By his next period, he found himself in the principal's office, where a uniformed officer told him he had the right to remain silent and to have a lawyer present. "I said, `Why are you reading me my Miranda rights Miranda rights (Miranda rule, Miranda warning) n. the requirement set by the U. S. Supreme Court in Miranda v. Alabama (1966) that prior to the time of arrest and any interrogation of a person suspected of a crime, he/she must be told that he/she has: "the right to ?'" Graham recalls. "She said, `Because of the paper you wrote.' And I said, `You're arresting me for that?' I was almost crying. They made me wait for the next two hours in the office until my mother came. They gave us a piece of paper saying I was suspended for 10 days." Coincidentally, three days earlier, New York New York, state, United States New York, Middle Atlantic state of the United States. It is bordered by Vermont, Massachusetts, Connecticut, and the Atlantic Ocean (E), New Jersey and Pennsylvania (S), Lakes Erie and Ontario and the Canadian province of Mayor Rudolph Giuliani said the same thing about his city's schools. "The whole system should be blown up and a new one should be put in its place," he said. Giuliani, who is now a likely candidate for the U.S. Senate, was not arrested. No one would confuse Giuliani's rhetoric for a serious threat. But even so, as an adult, Giuliani has more rights than a student. Rights With Limits The rights of students have always been defined differently from those of adults. In the 1969 case Tinker v. Des Moines Des Moines, city, United States Des Moines (dĭ moin`), city (1990 pop. 193,187), state capital and seat of Polk co., S central Iowa, at the junction of the Des Moines and Raccoon rivers; inc. , Supreme Court Justice Abe Fortas Abraham Fortas (June 19, 1910–April 5, 1982) was a U.S. Supreme Court associate justice. He served in that role from October 4, 1965 until May 14, 1969, when he resigned under pressure. Early years Fortas was born in Memphis, Tennessee. wrote that students "do not shed their constitutional rights at the schoolhouse door." Students are citizens, the Court said, and the Constitution does apply to them. But in several key decisions since then, the Court has recognized limits on the rights of students in school. In the real world, for instance, the First Amendment guarantees freedom of the press. At school, the Supreme Court has ruled, school officials, not student editors, have the last word on what goes into the school newspaper. In society at large, the Fourth Amendment requires that police have a court-ordered search warrant, or "probable cause Apparent facts discovered through logical inquiry that would lead a reasonably intelligent and prudent person to believe that an accused person has committed a crime, thereby warranting his or her prosecution, or that a Cause of Action has accrued, justifying a civil lawsuit. " to suspect someone has committed a crime, before they can search someone's property. School officials have to have a good reason to search a student's backpack, but they don't need a search warrant. The protection against search and seizure search and seizure In law enforcement, an exploratory investigation of a premises or a person and the taking into custody of property or an individual in the interest of gaining evidence of unlawful activity or guilt. is weighed against the school's need to provide a safe learning environment. That's where Graham got caught up in Virginia. "We have 1,400 students in that school, and we had some 10 to 12 cases of threats or apparent threats at the time," says Superintendent James Upperman. "There were rumors, loose talk in the hallways. Officials couldn't just say those are cute comments any more than they could if they were responsible for an airport and someone mentioned the word bomb. We can't afford to ignore them anymore." Reasonable Measures? But will confiscating notebooks and arresting unruly students really make schools any safer? Authorities who say yes point to Littleton. The two students who shot their classmates and teacher had given what could have been interpreted as warning signs, including wearing German military insignia, voicing support for neo-Nazis, and posting death threats against a classmate on the Internet. If those warning signs had been taken seriously, they say, perhaps the massacre could have been averted. "Principals across America are under tremendous pressure for school safety," says Gerald Tirozzi, executive director of the National Association of Secondary School Principals The National Association of Secondary School Principals (NASSP) is a United States educational advocacy organization consisting of secondary school principals. To promote excellence among middle school and high school students, NASSP founded and still sponsors the National Honor . "They have to make decisions on the spur of the moment Adv. 1. on the spur of the moment - on impulse; without premeditation; "he decided to go to Chicago on the spur of the moment"; "he made up his mind suddenly" suddenly , and sometimes they make mistakes. But I say, if you have to err, err on the side of safety." Others, however, say a crackdown on students is a poor substitute for a crackdown on the availability of guns. Whatever you think of their attitudes, kids like Antonious, Zac, and Graham didn't actually do anything violent. You can't punish every kid who thinks a stray thought, say civil libertarians. "We are teaching kids something very dangerous," says the ACLU's Beeson. "We're saying that the only way to be safe is to live in a police state. I think we need to start a national dialogue on this before it gets out of hand." RELATED ARTICLE: DO YOU KNOW YOUR RIGHTS TO SPEECH AND PRIVACY? As U.S. citizens, students are protected by the Bill of Rights, the first 10 amendments to the Constitution. But over the years, the courts have tried to balance the rights of students against the responsibilities of school authorities. In some cases, the rights of young people have been limited. Here's a brief guide to two key areas affecting students. * Freedom of speech: The First Amendment guarantee of "freedom of speech" gives you the right to say and write what you like, listen to whatever music you choose, and express yourself freely. However, in school students may not express their opinions in a way that "materially and substantially" disrupts school activities, the Supreme Court says. Officials can stop you, for example, from holding a protest on the school steps if you are blocking the entrance to the building. Authorities also can stop you from using language that they think is "vulgar or indecent." * Search and seizure: The Fourth Amendment protects citizens from "unreasonable search and seizure" by the government. In most cases, a police officer must have a court-ordered search warrant, or "probable cause" to believe that a person committed a crime, before conducting a search. School officials, however, don't need probable cause to search students--or their lockers, purses, or backpacks. A student's rights, the Court says, must be weighed against the school's need to provide a safe learning environment. In most cases, school officials cannot search you without good reason to believe that you in particular--and not just a random group of students--broke a law or a school rule. ETHAN BRONNER writes about education for The New York Times. |
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