The constitutional right to freedom of expression: an exploration of its relevance to the South African school community

English:South Africa has, since the early 1990s, entered a period of radical change that has transformed South Africa in respect of, amongst other things, the law and education. It is when these two aspects meet to form a new educo-Iegal setting that great uncertainty exists, particularly in respect of human rights in the school setting. It is evident that many teachers are struggling to come to terms with the paradigm shift that has already occurred. The result is a feeling of "fear" for some and, for others, an attitude of "it won't happen here". Canadian, Terri Sussel, stated that few areas of Canadian life were more deeply affected by the introduction of the Canadian Charter of Rights and Freedoms than education. The South African Bill of Rights appears to be having a similar effect. It is the above which led to this research which focuses specifically on the right to freedom of expression in the school context. This right, on which many other rights depend, is deserving of special attention. The research was undertaken by means of an intensive study of available literature and legal cases from four selected countries and South Africa. By this means it is possible to draw on the differing experiences of the other countries and relate and compare the South African situation to foreign experiences. This makes it possible to begin to highlight particular issues to which schools will need to give special attention in coming to terms with teachers' and learners' right to freedom of expression in the school. The study provides a broad canvas background to the development of human rights in general and freedom of expression in particular, with focus on the United States, Canada, Great Britain and New Zealand. The research focussed on six specific school related aspects of freedom of expression, and their effect, firstly, on the foreign schools. These aspects were namely hairstyles, dress, jewellery, press freedom, artistic creativity and academic freedom. Particular attention was paid to freedom of expression within the unique South African legal structure, with special attention to application, interpretation and limitations. The same six elements were then examined in the South African context with reference to what effects have already been seen and the possible implications in the future. The comparative study made of the five countries enabled the identification of similarities and differences, both in terms of the legal contexts and the effects of the six aspects of freedom of expression.The research provides a critical examination of issues previously taken for granted by many schools and reveals that certain previously "sacred cows", such as hairstyles and dress, are no longer sacred. Further the research has led to a different approach to academic freedom, as being not confined to universities, but stretching as a continuum from early years at school to post-doctoral research. The right to freedom of expression of learners and teachers is constitutionally protected. This study is aimed to assist the school community in coming to terms with not only allowing, but, as they are required to do by the Constitution, encouraging and promoting the responsible access to freedom of expression. This will enable all to develop their potential in an atmosphere that respects the right to dignity evident in being able to be true to oneself in thought, word and deed, with equal respect for the rights of others, and without disruption to critical educational processes within the school.