If you don't know what this whole day is about, please visit: http://www.dayofsilence.org/content/geti鈥?/a>
So the national day of silence is coming up soon. It's on a Thursday, and because I'm a freshman in high school, I have to know about whether or not I can assert my right to silence.
Of course I'll be e-mailing my teachers and letting them know I will be silent on that day in class, asking them for their permission, etcetera, so I'll have everything secured.
I'm worried, though. One of my teachers just "might" be touchy about this. If I get all my teachers' support but one (who coincidentally teaches two of my classes), is there any way I can be "forced" to speak, and will I be penalized for not doing so? Do I have any legal right to silence in school?
I'm a rebel--I won't speak on this day even if it means disobeying or going against my teacher's wishes, but I want to know beforehand. I know the fifth amendment outlines the rights to silence in a court environment under questioning and a similar right with police officers: "saying something that may make you suspicious."
Fifth amendment: "No person shall be held to answer for a capital, or otherwise infamous crime, unless on presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation."
However, the fifth amendment wouldn't apply in my situation, and honestly, the day is about raising awareness to the various forms of abuse that LGBT students must endure. Isn't "forcing" someone to speak antagonistic and harassment? However, school environments call for participation, and though I see both sides, I'm on my own . . .|||The Day of Silence falls under the First Amendment right to Free Speech. And yes, even in school you have the right to free speech and free expression of opinion.|||The Day of Silence does not encourage disobeying teachers. If a teacher asks you a question, wants you to verbally answer, and you refuse, that's a form of attack. You would be sending out the message that you are more important than the teacher and the other students. And we don't want that--we want equality, not to be better.
The Day of Silence is to be silent as long as you are not attacking anyone else with it. I hope your teachers will approve--mine always do.
Good luck!|||Yes you DO have a right to silence! I don't think your teachers will have a problem with it- and if they do- oh well. No one can force you to talk anyways. It's your right to be silent no matter what the cause is! Good for you for sticking up for what you believe in :]|||5th amendment does not apply here. Curiously, you will be invoking your 1st amendment right to free speech - because your silence and whatever you communicate to others about your silence is an act of "speech." In the 1960s in the case Tinker v Des Moines, it was ruled that students do have a right to free speech. recently however, it has been ruled that if the protest is in some way "disruptive," the students can be forced to stop. this is where you might have trouble. Odds are, if your teacher has a problem with it, you'll lose participation points. And actually, that's the teacher's right. Free speech does not mean consequence free speech. But if you think it might go past that, to disciplinary measures like detention, you should consider talking to someone in the administration, like the principal or vice principal to see if they'll back you or the teacher on this one. Then, weigh the pros and cons.|||the only way you can get in trouble for it will be if she deems it "disruptive". aside from that, you're in the clear.
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