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Julia Phillips Dr.Guenzel ENC 1102 March,21,2014 Analysis of The Argument for a Constitutional Right to Communication and Language Communication and Language are both words people use in the world of education. These words are essential to our government and our life because they are the bases of human interaction and skill building. But how would these words affect a child who is deaf and hard of hearing? It wouldnt, the child needs communication and language to learn, but they are compromised; their educational, social, cognitive, and psychological consequences (Siegel) are all points that establish the fact that a Constitutional Right to Communication is necessary. Deaf and hard of hearing children need to have the right to develop communication skills so they can assemble, vote and have equal protection under the law. The right to speech is the first amendment and it is essential for communication, so shouldnt communication and language be of importance or an even greater value? In The Argument for a Constitutional Right to Communication and Language the author Lawrence Siegel has credibility for his work. On UCHastings the bibliography about Siegel states that he is a Special Education Attorney that works directly with children who have disabilities. He is the founder of a website called The National Deaf Education Project (NDEP) ,which works to ensure that the education system include the communication needs of deaf

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and hard of hearing children. He has written the first Deaf Childs Educational Bill of Rights which is active in some states in the U.S. A book by the name of The Human Right to Language is also written by him which he argues that deaf or hard of hearing children should have the constitutional right in the first amendment, for language. The intended audience of the article is someone who has judicial background or understands the constitution. The audience also has to understand the importance of deaf children and their education. The intended audience would best be suited to read the article because it has many references to the constitution and our government. For instance, Siegel states phrases like Article I of the United States Constitution and core of the Constitution. The article also caters to deaf education For deaf and hard of hearing children, the absence of communication and language has a crushing effect on the development of basic educational and hence life skills (Siegel) as this quote entails. He chose his audience to be educated in the judicial law because this audience can help better his cause. Each person that he can find to relate to him helps to save another childs education because an illiterate child could be the reason our society has taken a turn for the worse. He doesnt go in to much detail about what each of the amendments are and what is actually lacking in education that makes it tough for deaf or hard of hearing children. He just gives an overall statements to sum up the big ideas and has the reader fill in the gaps. Another eligible audience is the parent of a deaf or hard of hearing child. A parent could benefit and help the cause as it would better the childs life and education in our society. The article starts with a quote, Language is so tightly woven into human experience that it is scarcely possible to imagine life without it.(Pinker) this shows that language is a very

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important aspect of our lives. He states how deaf and hard of hearing children suffer through school because of their lack of communication and language skills. The lack of those skills cause barriers to a childs growth, such as socialization. He continues talking about freedom and the constitution to back up the claim that deaf and hard of hearing children need a constitutional right for communication and language in the law. For example, he defines the word communication as "process by which information is exchanged between individuals through a common system of symbols, signs, or behavior and speech as communication or expression of thoughts in spoken words. Throughout the paper, the first and fourteenth amendments are introduced, explained and used as examples to help right to communication. Siegel creates a constitutional right to communication which entails the components of the cost of the right. In the end, Siegel sums it up with a quote the "purpose of language is communication in much the same sense that the purpose of the heart is to pump blood" (Chomsky). Siegel did a good job mentioning how to add the rights of communication to the constitution by presenting the outcome of the document, if it was passed. He mentioned the costs of training the teachers sign language. He also said how the children were going to be able to learn in the same environment as the hearing children. Since deaf or hard of hearing children get distracted easily, wouldnt his amendment include how to stop the distractions in the room? Yes, he said the distractions and intermingling with the hearing children will be solved by a separate school of learning, which in turn will save the government more money and help the deaf or hard of hearing children learn better with no distractions. Or the government could even keep them in the same school, but have the core classes be taught in sign language by teachers. That way the children wouldnt be educationally behind. The

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electives would be intermingled, that way the hearing children and the deaf or hard of hearing children will not be segregated. Without the segregation in electives, the children will be able to socialize and have fun, without worrying about the possibility of not passing the grade level. Siegel uses evidence to support his claim by using court cases that represent cases of the right of freedom of speech being suppressed. For instance, the Virginia Pharmacy Board v. Virginia Consumer Council which the Supreme Court considered a Virginia law that banned advertising of prescription drug prices. This was a law questioning the first amendment and it didnt win. In the end the court said to open the channels of communication rather than close them. Deaf and hard of hearing children relate to this because of the lack of teachers that can communicate directly with them and the fact that there are not many effective interpreters to help them, which hinders the flow of communication. By hindering the communication, the child doesnt have the patient and will to learn, since the child expects to be ignored. The frustration that causes the children makes them less likely to excel in classes and most likely end up having 3rd grade reading abilities. (Sacks, 1989). Those children are suffering with a lack of knowledge that will harm them from future opportunities. With nowhere to excel and grow a child will be stuck in the same spot for the rest of their life, not socializing because of the fear of being misunderstood and being judged. Judgment is most common in the lives of these children, because of their lack of hearing. In conclusion, Lawrence Siegel writes a well written persuasive article that supports his claim of needing a constitutional right of communication for the deaf and hard of hearing children. Education is important to this countrys society by being able to learn and communicate which are the basic needs that are essential for a long happy life. As laws

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improve and progress, our minds become more open to change. Like non-English speakers did to read and write in English. Knowing the importance of languages and different cultures, deaf and hard of hearing children are still not recognized. Those governments make the children become belittled and unworthy of time, while hearing children are the opposite. Why discriminate based on hearing, every child deserves to be treated equally with respect. A Constitutional right must be in place for deaf or hard of hearing children. We have Freedom of speech. Freedom of religion. Freedom to assemble. Sigel says, how could someone argue against the right to communicate?
Works Cited Siegel, Lawrence. "THE ARGUMENT FOR A CONSTITUTIONAL RIGHT TO COMMUNICATION AND LANGUAGE." NDEP. National Deaf Education Project, n.d. Web. 10 Mar. 2014 "Lawrence Siegel, Adjunct Professor." UCHastings.edu. N.p., n.d. Web. 14 Mar. 2014