The
main issue regarding this specific topic is the argument regarding the school
overstepping its boundaries and stifling the freedom of speech of Kate Murray.
The underlying issue regarding the religious aspect of the speech was extremely
interesting and pertinent to the issue at hand. Thus the question must be
raised regarding whether or not the sticker would have been perceived as
offensive in a public school. Additionally, it must be questioned whether or
not the school overstepped its boundaries especially when considering the fact
Planned Parenthood does so much more other than provide abortions. Thus the
argument can be made that Kate Murray’s freedom of expression regarding her religious
beliefs could have been infringed upon by the school. The argument can also be
made that stickers don’t fall under the protection of the freedom of speech
clause because of the lack of clarity within the wording of the constitution.
To cite the specific wording, the amendment reads, “Congress shall make no
law…or prohibiting the free exercise thereof; or abridging the freedom of
speech.” Although it may appear as though the amendment covers the freedom of
speech over all people, because congress is issuing the amendment regarding
private institutions as Sacred Heart is. Additionally, the school is further
protected under the ruling of Rendell-Baker v. Kohn in
1982, which determined that actions such as this one taken by a private
institution require students and parents to enter into a contract in which
their basic freedoms of speech are taken away.
I strongly
disagree with the inability for the Murray’s to take action regarding this
situation as Kate Murray had her basic rights of freedom of speech heavily
infringed upon. Although the Murrays may have signed into a contract in which
their daughter’s right of freedom of speech was heavily reduced the fact that
she had action taken against her from the school regarding her ability to
reenroll in the school for her junior year. Although Planned Parenthood
provides abortions to their respective communities, the school must think more
broadly about the issue and the other ways in which Planned Parenthood impacts
those around them. Furthermore, the fact that the sticker did not outline any
statements that directly went against the Catholic faith and Sacred Heart as an
institution then there was no reason to deny Kate Murray enrollment for the
following year. Finally, I believe that for something as insignificantly
small as a sticker the punishment was significantly overboard for the impact of
the crime.
7 comments:
Though I agree that the sticker was harmless and inconsequential, I believe that the school should have the right to not offer re-admission to Murray. Pursuant to Rendell-Baker v. Kohn, private institutions are not required to adhere to the strict protections of freedom of speech that public institutions have. Furthermore, if a court were to rule that the school must re-admit her, Sacred Heart's free exercise would be hindered. For Sacred Heart, the sticker goes against the religious values which they profess. Forcing the school to allow her to remain would nullify their ability to practice their religion, however intolerant it is.
I agree that the school has the right to limit Murray's freedom of speech because it is a private institution, yet I have a hard time understanding the argument that a sticker, that doesn't outright demand abortions, rather support a group that offers women health care, abortions included, prevent Sacred Heart from practicing their religion.
The Constitutional rights to free speech and religion overlap in this case. I agree with the above commenters that although the Planned Parenthood sticker is harmless and Murray has the right to express her opinions about women's health issues outside of school, by attending a private institution she gave up the freedoms to physically display her support for Planned Parenthood and any other expressions that challenge the school's rules. I think the school has the right to make her remove the sticker and threaten her attendance if their established set of regulations have a clear policy against such expressions of speech. If the school changed the rules in order to punish Murray my opinion on the matter would change. A copy of the student handbook would be a valuable addition in analyzing this case. If Murray attended a public school her support of Planned Parenthood should, and likely would be accepted, however, the choice to attend a private school gave her to the duty to abide by rules and codes given by the institution.
I agree with the comments above that the school probably has the right to what student's are able to put on their belongings or say within school, per their handbook. I do think it's an overreaction to not allow her to come back for the subsequent year, and think interpreting her support for Planned Parenthood as supporting abortions is narrow minded and ill informed, but I think for most private schools is in their rules that they can rescind a student's enrollment from year to year. I think this would be a different case if it was a public school in question, but it being a religious private school I think they have the right to deny enrollment due to student's not embodying the religious/moral beliefs of the institution.
I agree that Marray's contract with the religiously affiliated private institution requires her to give up some of her rights to freedom of speech. I also agree that the planned parenthood sticker is harmless and represents more than just women's right to choose when it comes to abortion. However, as a student at a private institution, Murray must comply with the institutions rules and not display stickers that encourage debate about subjects their entire institution is against. Murray should still be able to exercise her right to free speech and support planned parenthood outside the school grounds, but this right is taken away in her contract with the school.
I do not think that Kate Murray’s sticker is a reason for her to be kicked off of campus and not allowed to re-enroll. Also if you look exclusively at the Catholicism, the ultimate judge is God and the church is supposed to be welcoming to all. However, since this is a private school it is the school’s right to have enroll students they want choose based on their principles and beliefs. If this was a public school this would be a different case, but since this is not a public institution the school can choose to enroll whomever they want. This not the case of the government establishing or choosing one religion over another; it is merely the case of a private school setting rules on who they choose to enroll.
Sacred Heart High School, a private Catholic Institution, technically has the right to determine and censor their student body as they see fit. Though I agree the Planned Parenthood Sticker is harmless, Murray made the choice to attend a private Catholic school. If her values and morals don't align with the institution she's currently attending, then I believe it's time for her to evaluate whether or not she should continue her education there. Nonetheless, I believe the ramifications the High School set forth were rather aggressive, as Murray was just naively exercising her freedom of expression. Rather than not allowing her to re-enroll, I believe the school should review their handbook more carefully with their students, as I'm sure Murray isn't the only one who this has happened to.
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