Government Schools and Free Speech

One area of liberty that seems to be getting a pass is the control public schools are placing on the speech of students, parents, and employees. From my view there is a fine line that is being crossed here ... schools have a right and responsibility to manage the activities that occur on their grounds and at school sponsored events. Outside of school premises and activities, the ability of school administrators to act judge and jury should be significantly reduced.

I'm not sure if this argument has been made previously but a quick look at the Constitution says that Congress shall make no law abridging the freedom of speech. As the supreme law of the land, the Constitution flows down to the state and local jurisdictions restricting the laws and regulations that may be imposed upon the citizenship.

Now the concept of free speech sometimes has a bit of nuance to it. You can't yell "Fire" in a crowded movie hall without an actual fire, slander or libel are off limits, and statements you make may have consequences. On the last point, what happens if you make comments that reflect poorly on your employer? Do they have the right to fire you? It would seem that they do because the Constitution doesn't say you can say anything you want ... it says the government can't tell you what or what not to say.

Now what happens if your employer is the government? Do the same rules apply?

If you make comments in public, on a blog, or social networking site -- outside of the work environment -- that government officials take issue with, can the government fire you? It seems like they would be overstepping their bounds.

How do you know government when you see it?

My view is that this is a very simple question. Public institutions where we elect representatives (i.e. school boards) and / or pay taxes (i.e. sales and property taxes) directly to the institution are part of the government and subject to the law of the Constitution regarding the exercise of free speech. Simple.

Well it seems simple anyway but there are lots of school systems and administrators out there that believe they have the right to inflict their regulations on students, parents, and employees and ignore the rights affirmed in the Constitution:

Teacher Placed on Leave for Facebook Photo
University of Florida Looks Out For Militant Islam
Kent State Bans Facebook

A quick Google on "free speech schools" provides no shortage of public school administrations run amuck.