Controversial Tee

Controversial Tee
Keri Lynn Siegel
JRN 410: Journalism Law
Professor: Michael Angelo










On Thursday, December 10, 2015 a seventh grade male student from Rosenburg, TX wore a "Star Wars: The Force Awakens" t-shirt to his public high school. He had worn it before; but on this particular day, he was told to zip up the jacket that he was wearing over it. Despite the popularity of the shirt, it is not allowed. Why he was not told before was not addressed in the Cox Media Group website article the story appeared in. However, a spokesperson for Lamar Consolidated Independent School says the handbook lists dress code violations; and amongst the dress code violations is "symbols oriented toward violence." (www.cmgsharedcontent.com) The shirt features a Storm Trooper holding a weapon; and it was the gun's image that created the controversy. Administrators at his school had several options for dealing with the situation. They could have told him to change his shirt or given him an in-school suspension. Instead of punishing him for a violation he likely wasn't aware of or embarrassing him, they simply asked him to zip up his jacket so that the gun's image wasn't visible.
His father did not understand the issue. Joe Southern stated that "his son would not hurt anyone." (www.cmgsharedcontent.com) Furthermore, Southern believes the school violated his son's First Amendment rights. While school officials handled the controversy in the least controversial manner possible, the question remains: did they violate the junior high student's First Amendment rights or not?
The ad hoc balancing theory seems to be the rule of law that was used in this case. On page 46 of Mass Media Law Eighteen Edition by Don R. Pember and Clay Calvert, defines ad hoc balancing theory as "the scales erected anew in every case: the meaning of the freedom of expression is determined solely on a case-by-case basis." Therefore, because ad-hoc is not really a theory, but a strategy "Under ad hoc balancing we will never know what the First Amendment means except as it relates to a specific, narrow problem." (p. 46- 47) Earlier, we read: "Freedom
of speech and press are two of a number of important human rights we value in this nation. These rights often conflict. When conflict occurs, it is the responsibility of the court to balance the freedom of expression with other values." (p. 46) In the absence of the courts, that responsibility would fall to whomever is in charge. In this case, that would be school administration.
So, why did school officials rule as they did in this particular case? Obviously, someone in the administration felt the shirt was inappropriate; but it's just a shirt, or is it? According to an article by Christine L. Lyons written on February 14, 2014, "Researchers disagree on whether media violence can lead young people to mimic violent behavior, a lack of consensus that industry officials have cited in defending their entertainment products. 'There's no medical or scientific research showing that video games cause people to be violent in real life--- even our most ardent critics agree with that,' Dan Hewitt, vice president of media relations and event management for the Entertainment Software Association (ESA) which represents video game producers, said in an email." ("Do Children Have Too Much Access to Violent Content?"; CQ Researcher; http://www.library.cqpress.com.proxy-library.ashford.edu) However, Lyons argues that some research demonstrates that exposure to media violence at a minimum correlates with aggressive behavior. Quoting Joanne Cantor, a professor emeritus of communications and outreach director for the Center for Communication Research at the University of Wisconsin-Madison, she says, "Right now, the research is so overwhelmingly consistent that there are negative effects on the tendency to behave violently---[causing] desensitization and lowering of empathy---[that] it's a shame we are still fighting this battle." The Parents Television Council (PTC) which monitors prime-time television shows and PG- and G- rated movies for their violent content states that most of children's television consumption occurs without the parents' being present. In addition to television, they use computers, tablets, and smartphones to access movies, books, the Internet, video games, and music all hours of the day. Consequently, children ages 8-10 are exposed to an average of 10 hours and 45 minutes per day of media. In a special report released on December 2013, PTC complained that "the increasingly graphic nature of TV violence is 'as alarming as the volume of violence.'" (Lyons, Christina L.; "Do Children Have Too Much Access to Violent Content?"; [2014; February 14]; CQ Researcher; http://www.library.cqpress.com.proxy-library.ashford.edu) Even more alarming is that the most violent content airs while children are expected to be watching. '"Cable is probably pushing the envelope… and [violence is] moving into the realm of the regular broadcast,' says Dan Romer, director of the Adolescent Communication Institute at the University of Pennsylvania's Annenberg Public Policy Center. 'I think there is more violence on broadcast TV as a result of cable."' (Lyons, Christina L.; "Do Children Have Too Much Access to Violent Content?"; [2014; February 14]; CQ Researcher; http://www.library.cqpress.com.proxy-library.ashford.edu) Can anyone deny that the most popular movies will eventually be aired on cable and broadcast television, as well become video games? Lyons argues that video games with their violence against women portrayed as prostitutes and rape victims in addition to the rewards offered for shooting people are more problematic. Finally, John Murry and his colleagues measured brain activation the patterns of children after watching scenes from Rocky IV and found that "they were storing the images in a part of the brain that could potentially allow them to instantly recall the images when deciding how to respond to threatening situations." (Lyons, Christina L.; "Do Children Have Too Much Access to Violent Content?"; [2014, February 14]; CQ Researcher; http://www.library.cqpress.com.proxy-library.ashford.edu) Undoubtedly, the school administration was aware of the research when they compiled the dress code.
References
Cox Media Group National Content Desk; "Student Told to Cover 'Star Wars' Shirt"; 12: 37 Eastern Standard Time, Saturday, December 12, 2015; www.cmgsharedcontent.com
Lyons, Christina L.; "Do Children Have Too Much Access to Violent Content?"; [2014, February 14]; CQ Researcher; http://www.library.cqpress.com.proxy-library.ashford.edu
Pember, Don R. and Calvert, Clay; Mass Media Law 18th Ed.; Mc Graw Hill; New York, NY; Copyright 2011






Controversial TeeKeri Lynn Siegel
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