[Winona Online Democracy]
Well, this certainly is a great discussion! The way it seems to me is that the school is trying to balance its obligations to adhere to two sets of laws or standards of behavior that are in conflict. We have harassment laws that say the school must intervene to address offensive behavior and free speech which allows students to express their political views as long as it is not vulger or disruptive.
I agree that it all comes down to a community standard regarding what is considered lewd or offensive--which is exactly the point of the button. I, of course, lean toward establishing the standard that loving (hearting?) one's vagina or any other body part and being able to say this publicly is a very important and empowering thing. I do see it as analogous to past civil rights isssues and even though many people were offended to think of an African American drinking from the same fountain that didn't mean segregation should not be addressed and eliminated.
So, should the school abide by the harassment law that says offensive attire should not be tolerated. I suppose so. It is the law, after all. Sometimes. though, our laws are wrong and need to be changed or refined so that the letter and the spirit of the law are better aligned. I don't think that harassment laws are meant to oppress women, but rather are there to empower and protect all of us from having to deal with sexual advances in the workplace.
I know that our board and administration will make a thoughtful dicision and unfortunately, someone will disagree and be unhappy with whatever they decide. I don't envy any of them in this position, but I, personally will stand by any decision that is well thought out, reasoned, and reasonable.
Kathy Seifert
----- Original Message ----- From: "Sarah & Matthew" <[EMAIL PROTECTED]>
To: <[email protected]>
Sent: Monday, April 25, 2005 3:29 PM
Subject: RE: [Winona] Freedom of Speech And The Button
_______________________________________________[Winona Online Democracy]
The day before this story came out I happened to be teaching my 8th graders about the 1st Amendment and of course they had lots of questions about dress codes. They love to complain about the t-shirts they aren't allowed to wear because of the references to drugs or sexual innuendos. The standard there seems to be different if the t-shirt (or button) is attempting to promote a political stance or opinion or just trying to be funny or lewd.
The balance everyone seems to be trying to find is the different standards in school, the workplace, and on the street. While the Supreme Court did clarify in the Tinker case (black armbands to protest the Vietnam War) that students do have Constitutional rights in school, there is a different standard upheld that they have attempted to address in the following years. According to the case Bethel vs. Fraser, 1986, the Supreme Court said that "the freedom to advocate unpopular and controversial views in schools and classrooms must be balanced against society's conutervailing interest in teaching students the boundaries of socially appropriate behavior...Surely, it is a highly appropriate function of public school education to prohibit the use of vulgar and offensive terms in public discourse."
When I apply this ruling to the current situation I think the question is whether "vagina" is a vulgar or offensive word. I don't think it is and I think that for those that grew up where those words were "naughty" than this discussion is a great opportunity to get more comfortable with the proper terms. If the button in question had any number of slang words than I my opinion would be much different.
Sarah Dixen
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