Thursday, May 13, 2004

Utah teachers forcing students to use expletives?

Bet you thought this post was going to talk about Axson-Flynn v. Johnson, right? Wrong, sort of.

For those who thought the First Amendment's guarantee of freedom of speech didn't apply in Utah -- or inside the schoolhouse gates -- think again. In this proposed lesson plan submitted by Van Hadley of Utah's "Ray" High School, educators are advised to fake an expletive-laden, in-class shouting match with a student in order to teach about the limits of free speech:

When the cue is given in class the student is to let out with an expletive that is also pre-arranged. The teacher then reprimands the student and threatens with removal from class. The student responds with another expletive and the teacher and student leave the class. It is important to leave for a few minutes so that the class can think about what has just occurred. The teacher and student then re-enters the room and says "lets talk about freedom of speech".


The Watchdog is not clear on how well this lesson would go over, but one observation can be made: Based on the Axson-Flynn case in the Tenth Circuit, the teacher can't be too sure of getting summary judgment based on qualified immunity if the student files a lawsuit claiming he was forced to use the expletive in violation of his free speech and free exercise rights.