A Conversation About First Amendment Rights with David L …

July is a special month for U.S. history because on the 4th of July, 241 years ago, our country declared its independence. Many Americans celebrate our nations birthday by gathering with friends and family to attend summer cookouts and watch fireworks. Others travel to the Capitol for even grander Independence Day festivities, filled with elected officials at the White House or at the Lincoln Memorial.

July is also a great month to reflect on the founding ideals of our country, the progress it has made, and how far it still has to go. In the midst of that reflection, some of us might even consider how our citizenship guarantees protections, which may not be accessible or practiced in other countries.

David L. Hudson Jr..

Advocacy and grassroots movements are key ingredients in affecting systemic change, but they are only possible because of the protections granted by the U.S. Constitution. Thats why we sat down with David L. Hudson Jr., First Amendment expert and law professor, to discuss some misconceptions about our First Amendment Rights. Hudson serves as First Amendment ombudsman for the Newseum Institutes First Amendment Center. He is an author, co-author or co-editor of more than 40 books, including Let The Students Speak: A History of the Fight for Free Expression in American Schools (Beacon Press, 2011), and The Encyclopedia of the First Amendment (CQ Press, 2008). He has served as a senior law clerk at the Tennessee Supreme Court, and teaches First Amendment and Professional Responsibility classes at Vanderbilt University School of Law and various classes at the Nashville School of Law.

David L. Hudson Jr. :My initial interest began in high school. I got in trouble for engaging in certain speech and felt the punishment was unfair. Later in life, my interest deepened after I joined the First Amendment Center. I got to speak at different schools and really enjoyed discussing student rights. Eventually, I took it up a notch by becoming personal friends with free speech activists like John and Mary Beth Tinker, and wrote books on the subject.

David L. Hudson Jr. :One misconception is that the First Amendment limits both public and private actors. Under the state action doctrine, the First Amendment limits only public actors. Another misconception is that many people dont realize that the First Amendment protects a great deal of obnoxious, offensive, or repugnant speech. Justice Brennan once referred to this as a bedrock principle of the First Amendment.

AGF NOTE: The protections you receive at a public park are much different from what you may be entitled to during working hours if you work at a private corporation. However, there is a grey area that exists in the law to ensure workers are not being exploited.Hate speech is, within reason, protected by the First Amendment. People are entitled to condemn religions, political parties, economic system, etc. The premise is that government should not control speech, whether it agrees or disagrees with what is being said.

David L. Hudson Jr. :Student organizers have to be carefuleven under the speech-protective standard articulated in the Tinker casebecause some courts have held that student walkouts are disruptive to the educational process. However, there is a healthy degree of protection for student political clubs and such. Advocacy should be protected but if it becomes substantially disruptive, then it becomes a problem.

AGF NOTE: The Tinker case refers to Tinker v. Des Moines Independent Community School District (1969). In the case, students in an Iowa public school organized a protest against the Vietnam War, where they wore black armbands as a symbol of their opposition to the war. Administrators found out and the Principal threatened to suspend all students who participated. After the protest, students were suspended and parents sued the school for violation of freedom of speech. The U.S District Court sided with the school, ruling the protest disrupted learning. The United States Supreme Court ruled in a 7-2 decision in favor of the students in 1969. The court agreed that students, dont shed their constitutional rights at the school house gates. This has become known as the Tinker standard.

David L. Hudson Jr. :Students played a very significant role in the Civil Rights Movement. One of my favorite cases is Edwards v. South Carolina (1963). In that case, 187 African-American youth (and one white youth) were arrested for protesting and marching against segregation in Columbia, South Carolina.

David L. Hudson Jr. :It encompasses the right to petition the government for a redress of grievances. In a sense filing a lawsuit is a petition. But, when I think of petition in this context, I think of a list of signed student signatures, peacefully expressing their opposition to a school policy (like an overbroad or onerous dress code).

David L. Hudson Jr. :A key unanswered question concerns student rights online. Or asked another way how far does the arm of school authority extend to off-campus, online speech? We still dont know the answer.

As July comes to a close, we want encourage all of you to think about your advocacy and activism. In what ways are you an advocate and what causes do you champion with your everyday decisions? Whether you are currently a student or working professionally, consider the different protections and rights youre entitled to, depending on the context. Think about your ability to advocate for yourself and for others as a sacred component of your ability to move our country forward.

Kevin Hurtado is the Communications and Development Associate at Andrew Goodman Foundation. He graduated from Ramapo College of New Jersey with a Bachelors in International Studies and a minor in Human Rights and Genocide.Previously, Kevin worked as an Executive Assistant and Officer Manager at Newark Charter School Fund, a nonprofit dedicated to promoting educational equity in the city of Newark.