The Mixed Message on First Amendment Protections for Young People in Public High Schools

Strategic Insights -

In the debate over the use of mobile phones in public high schools, a crucial question remains: Do students have the constitutional right to receive information on their mobile devices? As states rush to ban phones in schools, the First Amendment protections for 15.8 million young people in public high schools are being put to the test. Meanwhile, students spend a staggering 8 hours and 39 minutes per day on smartphones and devices, with 90 minutes of that time spent online during school. The consequences of a phone ban are unclear, but experts warn that it may not address the root issue: a culture that needs to be constantly connected to the Internet. Young people are not just innocent bystanders; they are also the voices of a generation who deserve to be heard.

Key Takeaways:

  • The First Amendment protects students' freedom of speech and expression, but schools have the right to intervene when speech interrupts the educational process.
  • A pioneering Vietnam protester, Mary Beth Tinker, believes that students should be involved in the rules that affect them, but is skeptical about the effects of cell phones on child and teen health.
  • Nearly 75% of educators want phones out of the school, while parents also support a partial ban, citing concerns about distractions and emergency contact.
  • Only 36% of students agree with a ban, highlighting the need for a more nuanced discussion about phone use and its implications.
  • More than 10,000 instances of book banning in 2023-2024 were reported, with most books being about race and LGBTQ+ topics, and the push to remove them being coordinated by conservative groups.
  • PEN America found that the spirit of the First Amendment is under attack, with a student of Palestinian descent being berated by a teacher for declining to stand up for the Pledge of Allegiance.
  • Young people spend an overwhelming amount of time online, with 36% feeling better and more relaxed when not online, and many being hooked on YouTube and other platforms.
  • The use of algorithms by apps like Instagram and TikTok has been revealed, with whistleblowers exposing the dangers of these platforms to teenagers.
  • AI has entered the building, making it harder for educators to measure what's real when a student delivers an essay, and the phone epidemic will pale in comparison.
  • The First Amendment was put into place in 1791, but the principle of protecting speech remains the same: We protect speech because we need to hear from each other.

Statistics:

  • 15.8 million young people in public high schools in the US (source: NAEA).
  • Students spend 8 hours and 39 minutes per day on smartphones and devices (source: Common Sense Media).
  • 90 minutes of that time is spent online during school (source: Common Sense Media).
  • 36% of students feel better and more relaxed when not online (source: Pew Research Center).
  • 10,000 instances of book banning in 2023-2024 were reported (source: PEN America).
  • 57 million homes in 41 states are served by Spectrum TV (source: Spectrum TV).
  • 75% of educators want phones out of the school (source: various surveys).
  • 98% of parents want at least a partial ban on phone use in schools (source: various surveys).
  • 36% of students agree with a ban on phone use in schools (source: various surveys).

Sources:

  • Tinker v. Des Moines School District (1969)
  • Hazelwood v. Kuhlmeier (1988)
  • Mary Beth Tinker (email interview)
  • Rob Miraldi (author)
  • Common Sense Media (report: "The Common Sense Census: Media Use by Tweens and Teens")
  • Pew Research Center (study: "Teens, Technology, and Friendships")
  • PEN America (report: "The State of Free Expression in America")
  • Spectrum TV (TV advertisement)
  • NAEA (National Association of Education Administrators)