If youth are becoming more civic-minded and more reasonable relating to political issues, it can be inferred that their reasonability for their own actions regarding the laws has increased as well. After all, if they have been paying more attention to the news and take a greater interest in politics, they should have a better understanding of right and wrong in respect to America's laws and capable of understanding ways to improve society.
Cases such as Morse v Frederick and Fraser, students were ruled against because of their inappropriate speech and/or behavior, Frederick displaying a sign that could reasonably be read as sanctioning marijuana usage and Fraser using "offensively lewd and indecent speech." Stated for Frederick, "children assuredly do not shed their constitutional rights...at the schoolhouse gate...[as] the nature of those rights is what is appropriate for children in school." If minors of this generation are more interested in watching shows documenting charity work and community improvement than how rich teenagers entertain themselves, it's clearly a step in the right direction for teens to exhibit less inappropriate behavior and more behavior that is beneficial to other students based on merit of ideas or actions. In essence, acting in a more reasonable manner.
However, what is seen as reasonability of minors by MTV's sources may be seen as the beginning of socialism by others. Such a label would of course strip away any progress made by minors to resemble our reasonable friend.
The recent election has caused numerous people to give credit to Obama for the rising youth involvement in politics and has even been given the name "The Obama Youth Effect."
The MTV article gives credit to the recent election for the growing political education of teens. Ironically, some see Obama as against First Amendment rights. Back in October of 2008, Andrew McCarthy of the National Review sent out a warning that then Senator Obama "and his supporters despise free expression, the bedrock of American self-determinism and hence American democracy. What's more, like garden-variety despots, they see law not as a means of ensuring liberty but as a tool to intimidate and quall dissent." Agreeing opinions would be that of the "Conservative Christian," and the creator of this YouTube video, extremist views that Obama's election has led to the demise of true free speech and has actually resulted in a sort of brainwashed, regulated speech. The blogger believes that Obama's goal in affecting youth is to turn them away from God and to act as today's Hitler. Such an issue would of course give cause to discourage youth from allowing Obama's influence to affect their reasoning of political decision making. If minors are assumed to be influenced by Obama, their level of reasoning if below that of the reasonable person as they now not only do not have the knowledge to make beneficial decisions for their classmates or society, but are incapable of making their own decisions period.
Contrary to such reports of Obama's acts of domestic mental terrorism is that of the First Amendment Lawyer Blog. New Freedom of Information Act (FOIA) guidelines were decided by Attorney General Eric Holder on March 19th, following the President's presidential memorandum issued on his first day of office. He called for agencies to "usher in a new era of open government." The new guidelines are to direct executive branch departments to presume openness when administering the FOIA. Transparency is to allow for the public to view government activities and support their right to see them. Such a policy encourages the public to become more active in the politic aspect of America and such action could trickle down to American's youth, furthering their reasonableness regarding political decisions. Looking at decisions such as these support the "work in progress" for youth to become politically involved during Obama's presidency, hoping it will continue on after.
As more youth can be considered knowledgeable about political concepts, perhaps the Supreme Court will believe that they have more of a right to reasonably express themselves politically as well as in other ways. However, the "Obama Effect" can be seen in a very negative light. The eery way in which youth publicly praise Obama makes me believe they are less reasonable and more programmed. Then again, programmed people would of course be less likely to cause disruption due to their freedom of expression as it would be the same expression as the rest of the children and therefore at least not cause disruption in the classroom. Additionally, the First Amendment is in existence to protect the speech others disapprove of. While its been discussed time and time again that speech in schools has much more reason to be regulated than speech outside of the classroom, the First Amendment should protect minors from being silenced if the majority of the school or of a class is expressing one opinion that people not within that class or school disapprove of. After all, if it is the majority belief, it is not causing as much of a disruption as the belief that may exist in majority outside of the school's walls (such as the YouTube video of students chanting for Obama in military uniforms that got their teacher suspended). This is of course assuming that the students were not forced to show support for Obama. The students were not silenced, but as the teacher was supposed to teach McCain's economic plan as well and appeared to have not, he was suspended. Teachers could possibly construe this as a sort of prior restraint. They may restrain their students from jointly expressing one belief in case others feel they are erring in not having diverse beliefs.
In support of student expression, the 5th Circuit of Texas decided on March 16th of this year that the moment of silence in Texas schools is constitutional. As this moment of silence is applicable in various ways, the moment is an expression of freedom for minors to openly practice their religion if they wish. While this item has been an issue in many states for the last couple of years, the decision to protect this could reflect the changing times for respect of minor rights. While there have been numerous First Amendment case victories since the crucial months leading up to Obama's election, this has been the only case to specifically involve minors. So perhaps court rulings will loosen the ties of minor First Amendment cases. Only time will tell.
{sarcasm}Just because Obama's not the Anti-Christ doesn't mean the flaming conservatives won't smell a rat and procede to beat it to death with a stick (and make a video of it, if such things are constitutional!). ALL GLORY TO THE HYPNO-LIMBAUGH!{/sarcasm}
ReplyDeleteBut to student/youth expression:
I doubt the sitting Supreme Court will be willing to positively impact student's rights of expression in the schools.
I admit your point regarding the moment to exercise one's religion freely in the classroom. However, the Texas ruling can also be seen as a step backward, in terms of students rights. By way of example, I quit saying the Pledge of Alligience sometime in the middle of 7th or 8th grade (my recollection of the timeline of my life in Jr. High is a bit hazy), before most of my class quit (at the start of high school). I would still stand respectfully, uncomfortably silent. Sure, some students will use their moment of silence for religious reflection; others (including religiously believing students) will just sit awkwardly for a minute and think "What a dumb rule. Why do we always have to do this?"
Regarding FOIA:
Obama's administration seems to be pushing for an openness in government we haven't seen in... well, almost ever. I wholeheartedly approve of this use of the government's right (a.k.a. duty) to speak.
Your comments about the changing attitudes of youth and the elusive "reasonable person" reminds me of an interesting case about contemporary community standards. In 1995, a web site operator in California was prosecuted after a postal inspector in Memphis downloaded pornography from the site. The postal inspector, applying the contemporary community standards of his conservative Tennessee area, decided the materials were obscene and worked with the local U.S. Attorney's Office to bring charges against the site's owners. The government won; the speech was considered obscene under Tennesee's standards, even though in California it may not have been.
ReplyDeleteYour post goes into how youth are becoming more civic-minded. From a First Amendment perspective, another interesting question is whether their, um, "prurient interests" are changing. Is some material less titillating than it was twenty years ago? Now that we're so exposed to sexual imagery, are we less affected by images that would have been obscene two decades ago? Now that Tennessee has widespread Internet access, and its residents may be viewing more pornography, have their standards changed?
Source: http://w2.eff.org/legal/cases/AABBS_Thomases_Memphis/obscen_virtcom_stds_godwin.article
When Obama was elected, there was such high hope that we have a young, black president. Regardless of what the government is really doing, people's belief and trust in the government is still paramount. If young people believe, then there is still hope for the future.
ReplyDeleteI agree with the decision that the moment of silence was considered constitutional. As I said before, it's all about what you believe. People's first amendment right is still intact! You can do whatever you want during this time period. You can pray to any god you desire, think about random things, or (if you simply cannot stand the stupid routine) you can think about nothing. Everyone is happy!
I've seen signs that the youth of America are becoming more civic-minded. I saw them on TV somewhere while I was watching the other things the media was presenting me with. I think that today's youth care more about seeing themselves as civic-minded. That could be the case. Are people who chant Obama's name in military uniforms more politically active than the teenagers in the past who raided recruiting stations or burned draft cards? Is there any opposition to the political activity of today anywhere near as strong as the opposition faced by teenagers during the struggle to end segregation? Were women fighting to get the power of the vote less civic-minded than the teenagers today who provided the audience for MTVs shows about civic activities only months after they provided the audience for MTVs shows about the way rich people live, or about pretty people being sexually active?
ReplyDeleteJust like past generations, our generation likes to consider itself the most radical, most open-minded generation ever to walk the face of the earth. In our area the general idea is that everyone in government is Red, so I will be Blue. I have spoken to people from other parts of the nation that tend to think everyone in government is Blue- guess what? They're Red. Now I know that Blue students will just scoff and say the Red students are being dense, or are influenced by Fox News and can't think for themselves, or something like that. They know better- the media told them they know better.
Oh don't laugh yet Red students, you're just as bad! How can I say such a thing, WELL...
okay, sorry, tangent.
My point is that we like to perceive ourselves as somehow remarkably different than previous generations... which isn't too terrible, I suppose. Yet I feel that many teenagers today don't appreciate the efforts made by other people who do not appear on their radar screen. Many youths today, even the civic-minded ones, laugh at the idea of seeing things from the perspective of the other side, because the other side is a bunch of juvenile idiots.
Your blog was very interesting: the idea of young adults becoming more politically-aware, and more 'mature,' for lack of a better word, is something that I really have not thought of before. I did notice, especially from being on a college campus during the election, that there were multitudes of students that were blatantly pro-Obama. I have seen tons of students wearing those famous red, white, and blue Obama t-shirts. I suppose it is the dawning of a new era to have the first African American president, and with that, and his youthful age, the youth of America, who are not yet set in pre-programmed ways of thinking, like some adults can be, will take more interest in these historical political happenings. It will be interesting to see if the youth are given more rights—like you discussed, they just gained more rights in a high school setting in Texas through the moment of silence. Maybe if the Morse v. Frederick case were to happen three years from now, it would be decided differently. In my opinion, I do not think it would, because even through young adults might be becoming more politically minded, I do not believe that the Obama Administration will allow them quite that much First Amendment freedom. Just because the youth are paying more attention to news and politics, and might have a greater understanding of the difference between right and wrong, I do not believe that they will necessarily always do what is right. The youth of today seem to be much more liberal than those of our parents’ era. We have issues with teen pregnancies, drugs, alcohol abuse, shootings….Sure, these issues were around when our parents were young, but it seems as if today’s generation of youngsters has developed more of a ‘invincible’ feeling toward risky behavior. Children in this day are both seen and heard. But, it will be interesting to see what happens. Many young adults are doing good things for the world as well- many are ‘going green’ (Happy Earth Day!), and are taking matters into their own hands to make the world a better place. Only time, and Obama, can tell.
ReplyDelete