If you are a student, teacher, instructor, professor, author, or librarian, and you believe your rights to speak, write, or display the truth as you see it are threatened in an educational context, please contact an AFCON officer.
Students: Exercise Your Intellectual Freedom
With a new academic year beginning, here is some advice for students. These suggestions were written
with college students in mind, but they apply to any student old enough to read them.
Come to school to think. Of course you should come to school to learn. But you should think about what
you learn, how it relates to what you already know, and why you should (or shouldn’t) believe it. This
will enhance both your learning and your thinking.
Exercise your intellectual freedom. In class and out, exercise your freedoms of belief, expression, and
inquiry. Seek information, decide what you believe, and join the discussion. Do more research.
Reconsider your beliefs. Reflect on how you came to them. Say what you think now, and why. Consider
new alternatives.
Respect the intellectual freedom of others. If you don’t agree with what you are hearing, express an
alternative view. If you don’t know enough to formulate and defend an alternative, learn more. Efforts to
restrict the beliefs and expression of others are unfair to them and undermine academic freedom for
everyone.
Aim to convince. Find out what others believe and listen seriously to their reasons and reasoning. Show
them you understand what they believe and why. Recognize the partial truth in their beliefs. Starting
with what they presently believe, show them why and how they should modify their views.
Try not to give offense. It doesn’t help to ridicule, intimidate, or infuriate those who disagree with you.
Offending others undermines your goal of convincing them. You can’t control the feelings of others but
you can and should anticipate likely reactions and take these into account in determining what you say
and how you say it.
Say what needs to be said. In academic contexts you should say what you believe needs to be said, even
if someone may be offended or upset by it. Not everything must or should be said in every social context,
but education is a context oriented toward truth and justification. Find the nicest way to say it, but say it.
Think critically, and not just about ideas you dislike. If you agree with all your teachers and fellow
students, think more critically. Seek out people who disagree with you and ideas contrary to your own.
Consider the possibility that others may sometimes be right, or at least have reasonable ideas, and that
you may sometimes be wrong, or at least fall short of the full truth.
Respect the academic freedom of your teachers. Your teachers are collectively and individually
responsible for academic decisions about matters of curriculum and instruction and should have the
academic freedom to exercise their academic authority. This includes decisions to present relevant
information and ideas and to assess your understanding of what you are expected to learn.
Resist indoctrination. The freedom of your teachers to educate is not a right to indoctrinate a captive
audience. Curriculum must be determined on academic grounds and aimed at academic goals. Even if
the curriculum is academically legitimate, you should have the academic freedom to criticize it, provide
additional information or arguments, and express alternative interpretations or viewpoints.
Assert your rights. Most faculty respect the intellectual freedom of students, but you may need to assert
yourself to raise questions others are not raising or add additional ideas into a class discussion. If faced
with censorship or sanctions, you may be protected by norms of academic freedom, school policies, or (at
a public institution) the First Amendment. Learn your rights.
Focus on education. Exercising your intellectual freedom is not just about asserting your rights. It is
about participating in intellectual discussion, thereby promoting learning and development for yourself
and others. Insist on intellectual freedom for everyone, not only for the sake of freedom, which is reason
enough, but also for the sake of education.
This advice was originally posted by David Moshman on his HuffPost blog in August 2013
http://www.huffingtonpost.com/david-moshman/students-exercise-your-in_b_3773228.html
with college students in mind, but they apply to any student old enough to read them.
Come to school to think. Of course you should come to school to learn. But you should think about what
you learn, how it relates to what you already know, and why you should (or shouldn’t) believe it. This
will enhance both your learning and your thinking.
Exercise your intellectual freedom. In class and out, exercise your freedoms of belief, expression, and
inquiry. Seek information, decide what you believe, and join the discussion. Do more research.
Reconsider your beliefs. Reflect on how you came to them. Say what you think now, and why. Consider
new alternatives.
Respect the intellectual freedom of others. If you don’t agree with what you are hearing, express an
alternative view. If you don’t know enough to formulate and defend an alternative, learn more. Efforts to
restrict the beliefs and expression of others are unfair to them and undermine academic freedom for
everyone.
Aim to convince. Find out what others believe and listen seriously to their reasons and reasoning. Show
them you understand what they believe and why. Recognize the partial truth in their beliefs. Starting
with what they presently believe, show them why and how they should modify their views.
Try not to give offense. It doesn’t help to ridicule, intimidate, or infuriate those who disagree with you.
Offending others undermines your goal of convincing them. You can’t control the feelings of others but
you can and should anticipate likely reactions and take these into account in determining what you say
and how you say it.
Say what needs to be said. In academic contexts you should say what you believe needs to be said, even
if someone may be offended or upset by it. Not everything must or should be said in every social context,
but education is a context oriented toward truth and justification. Find the nicest way to say it, but say it.
Think critically, and not just about ideas you dislike. If you agree with all your teachers and fellow
students, think more critically. Seek out people who disagree with you and ideas contrary to your own.
Consider the possibility that others may sometimes be right, or at least have reasonable ideas, and that
you may sometimes be wrong, or at least fall short of the full truth.
Respect the academic freedom of your teachers. Your teachers are collectively and individually
responsible for academic decisions about matters of curriculum and instruction and should have the
academic freedom to exercise their academic authority. This includes decisions to present relevant
information and ideas and to assess your understanding of what you are expected to learn.
Resist indoctrination. The freedom of your teachers to educate is not a right to indoctrinate a captive
audience. Curriculum must be determined on academic grounds and aimed at academic goals. Even if
the curriculum is academically legitimate, you should have the academic freedom to criticize it, provide
additional information or arguments, and express alternative interpretations or viewpoints.
Assert your rights. Most faculty respect the intellectual freedom of students, but you may need to assert
yourself to raise questions others are not raising or add additional ideas into a class discussion. If faced
with censorship or sanctions, you may be protected by norms of academic freedom, school policies, or (at
a public institution) the First Amendment. Learn your rights.
Focus on education. Exercising your intellectual freedom is not just about asserting your rights. It is
about participating in intellectual discussion, thereby promoting learning and development for yourself
and others. Insist on intellectual freedom for everyone, not only for the sake of freedom, which is reason
enough, but also for the sake of education.
This advice was originally posted by David Moshman on his HuffPost blog in August 2013
http://www.huffingtonpost.com/david-moshman/students-exercise-your-in_b_3773228.html
The Student Expression Bill
The Student Expression Bill is a draft bill before the Nebraska State Legislature intended to provide guidance to schools in protecting student expression rights. Many AFCON member organizations support this bill, and AFCON is providing resource material for organizations and individuals interested in Student Expression.
AFCON's role in the student expression bill is public education. The bill is being supported in the legislature by a group of citizens in favor of the bill. If passed, the Bill will provide guidance to students, teachers, and administrators on the reasonable protection of student expression in educational settings.
WHAT THE BILL DOES:
WHAT THE BILL DOES NOT DO:
WHY WE NEED THIS LAW IN NEBRASKA
“The schoolroom prepares children for citizenship, and the proper exercise of the First Amendment is a hallmark of citizenship in our country.” Judge John Clifford Wallace, 9 th Circuit Court.
STUDENT FREE EXPRESSION LAWS IN OTHER STATES:
KANSAS
Kansas Student Publications Act
Kan. Stat. Ann. Sections 72.1504 – 72.1506 (1992)
IOWA
Iowa Student Free Expression Law
Iowa Code Sec. 280.22 (1989)
COLORADO
Colorado Student Free Expression Law
Colo. Rev. Stat. Sec. 22-1-120 (1990)
CALIFORNIA
California Student Free Expression Law
Cal. Educ. Code Sec. 48907 (1977)
California Leonard Law
Calif. Educ. Code Section 48950 (1992)
ARKANSAS
Arkansas Student Publications Act
Ark. Stat. Ann. Secs. 6-18-1201 – 1204 (1995)
MASSACHUSETTS
Massachusetts Student Free Expression Law
Mass. Gen. Laws Ann. Ch 71, Section 82 (1988)
WASHINGTON
Washington Administrative Code: Student Rights
WAC 180-40-215 (1977)
PENNSYLVANIA
Pennsylvania Administrative Code: Student Rights and Responsibilities
22 Pa. Code Section 12.9 (2005)
FLORIDA
Miami-Dade County Public Schools
Guideline # 25: Student Expression (undated)
OHIO
Lakewood , Ohio Public Schools
Board of Education Policy on Student Expression (1988)
OREGON
High School Student Expression Act
HB 3279 (2007)
ILLINOIS
College Campus Press Act
SB0729 (2007)
Click here for Student Expression Incidents in Nebraska.
Click here for the full text of the Student Expression Bill LB582
How to Help? Click here.
AFCON's role in the student expression bill is public education. The bill is being supported in the legislature by a group of citizens in favor of the bill. If passed, the Bill will provide guidance to students, teachers, and administrators on the reasonable protection of student expression in educational settings.
WHAT THE BILL DOES:
- Declares the connection of student expression with democracy and civic participation
- Clarifies the need for and scope of student expression
- Defines student expression that is prohibited
- Protects schools, school boards, administrators, teachers and parents from liability
- Protects teachers and administrators from employment jeopardy
- Requires local school boards to develop a written student expression policy
WHAT THE BILL DOES NOT DO:
- Does not give students any rights beyond Constitutionally-protected rights
- Does not take away administrators' authority to oversee a taxpayer-driven educational institution
WHY WE NEED THIS LAW IN NEBRASKA
- Student speech is being stifled across the political spectrum, including both conservative and liberal viewpoints.
- Nebraska teachers are being penalized for their attempts to encourage students' exploration of ideas.
- Students' rights and responsibilities are out of balance in Nebraska . There are 40 sections of Nebraska statutes regarding student punishment, but there are no statutes regarding student rights.
- Students are being told by administrators not to discuss issues of importance to them in the very place where such discussion can be guided by trained professionals – the classroom.
- Denying fundamental expression rights to students cripples their ability to uphold democracy.
- It is dangerous to teach students that government authorities are right to control the free speech of citizens.
- The erosion of expression rights of students and teachers has led to self-censorship and self-repression of ideas.
- There is a direct link between lack of civic participation and the repression of students' first amendment rights.
- A student expression bill fits with Civics Nebraska Partnership's mission of “strengthening civic education and involvement” of students.
- Schools cannot teach the importance of the First Amendment and simultaneously not follow it.
- Without clearly defined student expression rights, students do not have a reason to protect the rights of others.
- Promoting First Amendment rights makes schools, students and teachers safer through the free exchange of ideas, informed participation in decision-making, allowing the discontented to have their say so they feel like they matter, promoting tolerance and respect for others' viewpoints, and assuring individual self-worth.
- The support of student expression rights in Nebraska varies greatly from school to school and from district to district, depending upon the style of administrative leadership. Students in all Nebraska schools deserve to learn how to participate as active citizens in a democracy.
“The schoolroom prepares children for citizenship, and the proper exercise of the First Amendment is a hallmark of citizenship in our country.” Judge John Clifford Wallace, 9 th Circuit Court.
STUDENT FREE EXPRESSION LAWS IN OTHER STATES:
KANSAS
Kansas Student Publications Act
Kan. Stat. Ann. Sections 72.1504 – 72.1506 (1992)
IOWA
Iowa Student Free Expression Law
Iowa Code Sec. 280.22 (1989)
COLORADO
Colorado Student Free Expression Law
Colo. Rev. Stat. Sec. 22-1-120 (1990)
CALIFORNIA
California Student Free Expression Law
Cal. Educ. Code Sec. 48907 (1977)
California Leonard Law
Calif. Educ. Code Section 48950 (1992)
ARKANSAS
Arkansas Student Publications Act
Ark. Stat. Ann. Secs. 6-18-1201 – 1204 (1995)
MASSACHUSETTS
Massachusetts Student Free Expression Law
Mass. Gen. Laws Ann. Ch 71, Section 82 (1988)
WASHINGTON
Washington Administrative Code: Student Rights
WAC 180-40-215 (1977)
PENNSYLVANIA
Pennsylvania Administrative Code: Student Rights and Responsibilities
22 Pa. Code Section 12.9 (2005)
FLORIDA
Miami-Dade County Public Schools
Guideline # 25: Student Expression (undated)
OHIO
Lakewood , Ohio Public Schools
Board of Education Policy on Student Expression (1988)
OREGON
High School Student Expression Act
HB 3279 (2007)
ILLINOIS
College Campus Press Act
SB0729 (2007)
Click here for Student Expression Incidents in Nebraska.
Click here for the full text of the Student Expression Bill LB582
How to Help? Click here.
David Moshman, professor emeritus of educational psychology at the University of Nebraska-Lincoln,
addresses academic freedom in his blog at The Huffington Post.
addresses academic freedom in his blog at The Huffington Post.
Page last updated July 26, 2022
