Dissenting Voices: Player Protests and the Paradox of the First Amendment

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Description
While free speech values are broad in scope, one particular value—dissent—is regarded by some theorists as one that should be the most fiercely protected. At the same time, dissent can expose a disconnect in First Amendment theory and practice. Scholar

While free speech values are broad in scope, one particular value—dissent—is regarded by some theorists as one that should be the most fiercely protected. At the same time, dissent can expose a disconnect in First Amendment theory and practice. Scholar Steven Shiffrin has written extensively about dissent and his work is foundational to this dissertation. Shiffrin (1999) argues that the First Amendment presents a “paradox” whereby it protects dissenters from losing legal claims, yet it does very little to actually encourage this type of free speech in everyday society. Might this paradox be evident in sports settings? Sports have long stuck to colorblind convictions, yet it may be one of the few contexts in which diverse social actors come to deliberate. Athlete activism in American sport, for example, is fertile ground for debate about players' rights to express their views about social justice and dissent. Former NFL player Colin Kaepernick, whose decision to kneel during the national anthem throughout the course of the 2016 NFL season in protest of racial inequality, became a symbol for a clash of ideals: how America views the link between free speech theory and free speech doctrine. The realm of sport, therefore, becomes a relevant location to study the sociology of the First Amendment’s Free Speech clause and an examination of how much institutions—other than courts—can either promote or discourage the free speech value of dissent. This dissertation explores how backlash against NFL players kneeling during the national anthem during the 2016 and 2017 seasons stands in contrast to the spirit of the First Amendment. The paper analyzes theoretical approaches to First Amendment law to illuminate a great paradox that exists within the First Amendment. Case law is examined to tackle the issue of potential government interference in the free speech rights of protesting players, and whether there is a significant nexus between private sports teams and the government to determine the extent that free speech principles might apply within a sports stadium. This dissertation also probes the deeper questions relating to the NFL protest debate regarding the cultural struggles in America that can contribute to the contradiction in values which suppress the spirit of the First Amendment, or the paradox that emerges from the divide in letter-of-the-law symbology and spirit-of-the-law ideology in First Amendment philosophy.
Date Created
2024
Agent

Contextualizing Deaf Education in Kenya

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In Kenya, there is a growing population of deaf individuals, creating a higher demand for inclusion and acceptance of deafness, as well as resources to best educate deaf youths. Despite the increasing presence of deaf individuals in Kenya, a hegemonic

In Kenya, there is a growing population of deaf individuals, creating a higher demand for inclusion and acceptance of deafness, as well as resources to best educate deaf youths. Despite the increasing presence of deaf individuals in Kenya, a hegemonic view of deafness as a form of deviance persists and fosters stigmatizing beliefs towards the deaf community. The hegemonic view of deafness as a form of deviance permeates into not only societal and familial acceptance of deaf individuals, but educational, medical, and political institutions, as well, and is unsustainable and destructive towards the advancement of Deaf culture in Kenya. This thesis examines the context of deaf education in Kenya, currently and historically, through a critical and theoretical examination of research, monitoring use of a resource-based website, and receiving feedback from local topic experts.
Date Created
2022
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Theorizing Student-Centered Sexuality Education within a Reproductive Justice Framework

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An intersectional analysis of sex education in the U.S. reveals a need for a more nuanced and community-based approach to sexuality education. A Reproductive Justice framed sexuality education program attends to the needs and desires expressed by a community, while

An intersectional analysis of sex education in the U.S. reveals a need for a more nuanced and community-based approach to sexuality education. A Reproductive Justice framed sexuality education program attends to the needs and desires expressed by a community, while interrogating and resisting the interlocking systems of power that work to uphold white patriarchy and white supremacy. Reproductive Justice sexuality education is socially transformational when it centers student creation and community participation. Instead of risk prevention and rights-based sex education programs that often perpetuate oppressive structures and erase students' lived experiences, student-centered sexuality education with a Reproductive Justice framework allows for participants to feel safe and valued. This re/imagining of sex education also allows for pleasure instead of shame to be a product of sexuality exploration. Key words: Reproductive Justice, Sexuality Education, K-12 Sex Education, Community Created Curriculum, Comprehensive Sexuality Education, Intersectionality
Date Created
2022
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Learning Without Representation: A Critique of Representational Thought in Philosophies of Arts Education and Curriculum

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In this study, I offer a critique of representational thought and the related concept of intentionality in the theory and practice of curriculum in arts education. I use the philosophies of Jacques Derrida and Gilles Deleuze alongside new materialist and

In this study, I offer a critique of representational thought and the related concept of intentionality in the theory and practice of curriculum in arts education. I use the philosophies of Jacques Derrida and Gilles Deleuze alongside new materialist and posthumanist theory to interrogate three figures of representational thought in arts education: the art object, the curriculum as enclosure, and the transmission-acquisition theory of learning. My analysis of these figures reveals how the theory and practice of curriculum in arts education uses privileged forms of interiority—the work of art, human subjectivity, and intentional consciousness—to pre-judge difference(s) according to recognizable subject-object determinations and established values. I argue that in the guise of representational thought, such determinations often (re)produce divisions and hierarchies of the human and nonhuman that, while making differences visible and knowable, also encloses them in fixed images. In arts education, such representational enclosures produce exclusionary boundaries for participation and learning which subordinate difference to identity, matter to form, and creativity to already-given determinations of subject and object in the mind of the intending human subject. I suggest that thinking about curriculum and learning in terms of inclosure rather than enclosure may allow arts educators to create living curricular forms that respond to and affirm differences rather contain them under representational identities.
Date Created
2021
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Modes of Misbehavior Pedagogy and Affect in the 19th-Century

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This dissertation historicizes the contemporary notions of student misbehavior through a critical study of 19th-century teacher manuals. Instead of reading the texts of the manuals as a window into the experiences of the past, I consider the manuals as discursive

This dissertation historicizes the contemporary notions of student misbehavior through a critical study of 19th-century teacher manuals. Instead of reading the texts of the manuals as a window into the experiences of the past, I consider the manuals as discursive operations that enacted practices and ideals. In drawing upon historiographical and analytical methods inspired by Michel Foucault and Sara Ahmed, I explore how the intersection of student misbehavior with teacher pedagogy and disciplinary procedures enact “modes of subjection” (Foucault, 1995) and “affective orientations” (Ahmed, 2006) in the modernization of teacher pedagogy and schooling. I argue that the archive of manuals demonstrates the entanglement of student subjectivity and affect with modernizing regimes of governmentality and the marketplace. I equally argue that the modes of student misbehavior present in the archive provide avenues and strategies for thinking outside contemporary developmental and clinical framing of misbehavior. It is in rethinking misbehavior outside of contemporary frameworks that this dissertation provides an opportunity to reconsider how the boundaries of schooling and school participation might radically open up toward more diversity, inclusivity, and equity.
Date Created
2020
Agent

Transformative Learning and Ideological Shifts: Implications for Pedagogy for the Privileged

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The pace of segregation of races continues to increase as the gap between wealthy people, and the rest of the human race, increases. Technological advances in human communication ironically decrease human communication as people choose news and social media sites

The pace of segregation of races continues to increase as the gap between wealthy people, and the rest of the human race, increases. Technological advances in human communication ironically decrease human communication as people choose news and social media sites that feed their ideological frames. Bridging the sociopolitical gap is increasingly difficult. Further, privileged hegemonic forces exert pressure to maintain the status quo at the expense of greater humanity. Despite this grave account, some members of the privileged hegemony have moved away from their previous adherence to it and emerged as activists for marginalized populations.

Drawing on the theoretical frameworks of Pedagogy for the Privileged, Pedagogy of the Oppressed, Transformative Learning Theory and Critical White Studies, this study asks the question: what factors lead to an ideological shift?

Fifteen participants agreed to an in-depth, semi-structured qualitative interview. There were four main themes that emerged. Most participants experienced significant childhood challenges as well as segregated environments. Additionally, they possessed personality traits of curiosity and critical thinking which left them at odds with their family members; and finally, each experienced exposure to new environments and new people. Most notably, in an attempt to satisfy their curiosity and to remedy the disconnect between the imposed family values and their own internal inclinations, most actively sought out disorienting dilemmas that would facilitate an ideological shift. This journey typically included copious reading, critically analyzing information and, mostly importantly, immersion in new environments.

The goal of this study was to understand which factors precipitate an ideological shift in the hope of using the data to create effective interventions that bridge ideological gaps. It was revealed that some of the initiative for this shift is innate, and therefore unreachable. However, exposure to disorienting dilemmas successfully caused an ideological shift. Critically, this research revealed that it is important to identify those individuals who possess this innate characteristic of curiosity and dissatisfaction with the status quo and create opportunities for them to be exposed to new people, information and environments. This will likely lead to a shift from White hegemonic adherent to an emerging advocate for social justice.
Date Created
2020
Agent

Sculpture of Resistance: Symbolic Reparations in Post-Apartheid Art in District Six, Cape Town

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This essay outlines public art in District Six, Cape Town, South Africa and how public art can manifest itself to reconstruct cultural memory, provide a space for healing and processing collective trauma, and produce critical public pedagogy. Public art also

This essay outlines public art in District Six, Cape Town, South Africa and how public art can manifest itself to reconstruct cultural memory, provide a space for healing and processing collective trauma, and produce critical public pedagogy. Public art also has the power to provide symbolic reparations, an approach proposed by the Truth and Reconciliation Committee but one that I believe was not properly or effectively handled by the South African government. In this paper I will cover two specific public art projects and one established museum, all three framed within the context of both institutionalized and individual approaches to public art. Such projects extend to the District Six Museum, the Public Arts Festival of 1997, and the Black Arts Collective visual-media project, ‘Returning the Gaze.’ This paper proposes that the concept of public art should be reconsidered; I argue that its purpose is not to solely beautify urban landscapes, but rather to provide platforms for survivors of abuse to relay their experiences, influence popular discourse, and challenge hegemonic notions of race, identity, and culture.
Date Created
2020-05
Agent

Learning from action: the case study of CEDAIN

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The following study is based on my individual and collective practice as a former staff member of El Centro de Desarrollo Alternativo Indígena A.C., a non-profit who works in the Sierra Madre Occidental in the north of Mexico, and my

The following study is based on my individual and collective practice as a former staff member of El Centro de Desarrollo Alternativo Indígena A.C., a non-profit who works in the Sierra Madre Occidental in the north of Mexico, and my experience as a master student in the US. I am developing this research as a reflective instrument to improve the strategies that I have been developing and implementing. To reach this goal I present the concept of praxis, which Paulo Freire and Antonio Gramsci used some years ago, as a methodology to shorten the gap between my practice and theory. Furthermore, I use the theoretical framework of popular education, and other ideas from the complementary fields of community development, and Critical Race Theory/TribalCrit, to shed light on how to improve our practice and the pedagogies we use as part of our work. The main question that is guiding this study is: What is the learning dynamic of organizations and participants who are doing community development work with Indigenous communities? To answer this, I analyze the data I collected in 2016, which includes: two months of participant observation, sixteen in-depth interviews, and one focus group with staff members. The findings of this research suggest that staff members have learned to respect time and culture of the community and to validate local knowledge; community members have shared that they have learned new agricultural practices, production of organic fertilizers and pesticides, earthworm compost, food conservation methods, communication skills and to work together. The ways identified in which participants have learned are: by doing, by observation, by dialogue, by receptivity, by recognition, through meetings and by reflection. The results of this research are consistent with what popular educators say: neutrality is impossible. Practices of the nonprofits do not occur in a vacuum; therefore, the mechanisms of auto analysis and reflection that CEDAIN staff shared, in conjunction with the attempt of this research to unveil the hidden and explicit curriculum of the practices of CEDAIN, are great tools to trigger critical consciousness, challenge what we have taken for granted, and recreate better practices. This research is a result of the compilation and analysis of the narratives, experiences and knowledge of community and staff members who participated in this study. In this sense, these set of ideas, which place grassroots experiences as the principal source of knowledge, could be applied to plan and design future pedagogical interventions.
Date Created
2018
Agent

Industrial Food Systems: The Destruction Behind the Discourse

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Description
This paper offers a radical critique of consumer capitalism and consumer activism through advertisements from Industrial Food Systems. I examine advertisements from Monsanto, Industrial Beef Farmers, and Waste Management in order to critique the rhetoric that these companies use and

This paper offers a radical critique of consumer capitalism and consumer activism through advertisements from Industrial Food Systems. I examine advertisements from Monsanto, Industrial Beef Farmers, and Waste Management in order to critique the rhetoric that these companies use and reveal the environmental destruction they are attempting to obscure through the strategic use of language and symbols. I argue that a deeper anti-capitalist analysis of Industrial Food Systems is necessary to subvert consumer activism and greenwashing tactics and to curb environmental destruction.
Date Created
2018-05
Agent

Gendered racial formations and the controlling images of early childhood educators

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Description
While much research exists examining the feminization of the field of Early Childhood Education (ECE), little has been done to examine the ways in which race and gender interact in the experiences of early childhood educators. Using gendered racial formation

While much research exists examining the feminization of the field of Early Childhood Education (ECE), little has been done to examine the ways in which race and gender interact in the experiences of early childhood educators. Using gendered racial formation theory (Omi & Winant, 1994) this paper examines how cultural representations are employed by the field of ECE to produce ideal early childhood educators along both racial and gendered lines. Ultimately, this paper argues that in order for labor equality to be reached in the field there must be a reexamination of the social organization of care (Glenn, 2000).
Date Created
2017
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