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Opinion

School children have protected rights too 

Christian Ochoa
Opinion Columnist

Most elementary school children don't have ideas that go beyond the politics of the playground, but this assumption shouldn't be taken into account when dealing with their constitutional rights. 

A federal judge in upstate New York ruled that a school district violated a fourth-grader's right of free speech and equal protection by not allowing her to handout "personal statement" fliers on her Christian faith, CNN.com reported. 

According to the article, the Liverpool Central School District based its limitations on a "fear or apprehension of disturbance," which the judge said was "not enough to overcome the right to freedom of expression." 

The child's parents tried three times to get permission for their daughter to hand out the homemade fliers to students during non-instructional time, including before and after school. The greeting card-sized flier read, "Hi! My name is Michaela and I would like to tell you about my life and how Jesus Christ gave me a new one." 

As long as a student's freedom of expression doesn't hinder the learning process, or violate the rights of other students, a student is well within his right of declaring his faith or expressing his views on religion. 

While there is a consensus that there should be a wall separating religious doctrine from a public school's curriculum, it's absurd for a group of individuals to limit a student's expression -- even if it's about religious convictions. If such an argument is made, then the same policy should be used for those students who talk nonstop about pop culture, political views or sport commentary -- all of which could be cumbersome to the learning process of other students. 

While it is disturbing that the school district tried to hinder a student's freedom of expression, it is odd that a fourth-grader was handing out such fliers in the first place. Not necessarily the fact that she was handing out information on Christianity, but the personal touch that was on those cards. It's strange to think that a fourth-grader has convictions on religious beliefs. Most elementary school children are probably more concerned with mastering long division or pulling pranks on the opposite sex. 

Since the Supreme Court's 1969 decision in Tinker v. Des Moines, it's been established that students don't forfeit their rights as they walk into a school. Granted, school districts and courts have found ways to limit students' rights. But with this new decision that was handed down, perhaps school districts will be more careful in the policies they make. 

Elementary school children might be more concerned about their playground love and crossing the war zone of a dodgeball field, but their rights are still intact with them. 

Ochoa, a creative writing junior, 
can be reached via dccampus@mail.uh.edu