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Home > School of Law > Student > Law Review > Vol. 47 > Iss. 1

 

Western New England Law Review

Abstract

The First Amendment rights of children and students are seen as coextensive with those of adults. . .unless their parents say otherwise. Florida’s recent passing of HB 1069 is considered to be the latest champion in parental autonomy rights in education. Famously associated with Governor DeSantis’ promise to protect Florida’s children through book removals, the law allows parents to review, object to, and limit students’ access to books in school libraries. This is an expansion of parental rights beyond what America has traditionally recognized. These book limitations are now being called into question in a Florida federal district court. The Supreme Court in Meyer v. Nebraska held that a parent’s right to have a hand in their child’s education is not absolute; it must be balanced against the rights of students to learn. What about their right to Freedom of Speech? The Supreme Court in Bd. of Educ. v. Pico acknowledged that the school library is one of the most appropriate places to recognize the First Amendment rights of students because of the importance of having access to information; the right to not only give information but to receive it. In his concurrence in Pico, Justice Blackmun reiterated the Supreme Court’s view from Tinker v. Des Moines, that our students are not merely “closed-circuit” recipients to the sole information a State chooses to teach. A State may not suppress exposure to ideas; especially to prescribe what is acceptable as it relates to politics, nationalism, or other opinions. This begs the question: Does the First Amendment have to exist within the confines of parental rights, making HB 1069 constitutional, or conversely, must parental rights operate within the parameters of the First Amendment, making HB 1069 unconstitutional? This Note argues that HB 1069 is unconstitutional because it violates a student’s freedom to access information protected under the First Amendment. Students have the constitutional right to access a wide array of viewpoints, not just the perspective a parent says they should have. Further, HB 1069 is an overreach of parental autonomy rights since parents do not have a right to parent children outside their control. Without proper guidance, Supreme Court precedent will weaken, and state laws will continue to steam roll First Amendment rights, enabling the infringement upon other constitutional freedoms in the name of parents’ rights.

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