There have been many supreme and district court cases that involve the first amendment. Your First Amendment rights are a heavily debated topic. Students, in particular, walk a very fine line regard to their free speech. Schools, students, and the federal government are still trying to figure out where they stand. Within this essay there are three main topics that I wish to cover; they are as follows Dress Code, Student Free Speech, and Internet Use. Every case within these topics is argued with the First Amendment in hand, though not all of them conclude the same. I hope you enjoy educating yourself on this tedious topic!
The tinkers took it to the Supreme court and the majority vote wat that it was unconstitutional for the school to
Last year, fleeces and hoodies were comfortable, nice, and the only good thing in the school’s uniform. When I found out the school banned them, I was in complete disbelief. I don’t like that parents came together to make them illegal. Some students agree that we need them back. The school uniform would be improved if hoodies and fleeces made a comeback.
The Tinker versus Des Moines court case involved three minors, John Tinker, Mary Beth Tinker and Christopher Eckhart. These three wore black armbands to their schools to protest the Vietnam War and were suspended following this action. Circuit courts and the Court of Appeals in Iowa ruled that the black armbands were inappropriate attire for school. This case was then brought to a higher-up court. Eventually, this case was brought before the Supreme Court. The students believed that in appealing to the rulings of the separate courts they were protected under the 1st Amendment to show their freedom of speech and symbolic freedom as well.
Some commonly known examples are the Tinker v. Des Moines (1969) and Bethel School District No. 403 v. Fraser (1986). Recently in Oregon an eighth grader was suspended for wearing a t-shirt displaying an image of fallen soldiers with the words “Standing for those who stood for us,” However the t-shirt also included images of boots, a helmet, and a gun, school officials claimed this shirt was offensive and told the eighth grader to change his shirt. When he refused he was given an ultimatum: remove the shirt or be suspended.
School Dress codes do not allow students to completely express their individuality. Schools want students to be able to think for themselves and create a sense of who they are, but it is not easy when they are forced to abide by rules that take away from from that. It should be a place of expressing ourselves freely in a learning environment without having to worry about what we wear as an interfering issue. The fact that the school system cares more about the student dress code than their education is an issue in itself. Schools should promote dress code individuality because of religious aspects, mental health, and human experience.
Do students ever think that the schooling system takes away some of their basic rights? Should they have to trade their rights for a ticket into school? Sometimes school systems infringe the rights of students through aspects of privacy, freedom of expression, and freedom of speech. Some Schools can tend to overload policies and guidelines.
In Des Moines, Iowa, a group of individuals met at a home to discuss ways to protest the United States involvement in the Vietnam War. The group decided beginning on December 16th and lasting until New Year’s Day, the members of the group would fast and wear black armbands to show their opposition to the war. School officials became aware of the students’ protest and implemented a policy that any student wearing a black armband would be asked to remove it. If the students did not remove the armband, then the student would be suspended. The suspension would last until they returned to school without the armband. Three students were suspended until they returned to
Oliver Wendell Holmes once wrote, “The most stringent protection of free speech would not protect a man in falsly shouting in a theatre and causing panic.” Similarly, the Supreme Court’s ruling to arrest Schenck was wrong, and a U.S. citizen should be allowed to protest a war or draft in times of war. Specifically, the Espionage Act violated the first Amendment, Charles Schenck, whom was arrested after violating the Act, was indicting no violence, and the Act violated the 13th Amendment.
In the “Bethel School District v. Fraser” case, Fraser believed that the school violated his first amendment “freedom of speech” rights. Fraser gave a speech with some inappropriate content in it and the school gave him a three day suspension because two teachers warned him before he gave the speech. Fraser took it to court and the justices said they would shorten the suspension and let him have his right to speak at graduation because the school was taking away his freedom of speech.
Any girl who has attended a public high school understands the daily dilemma of dress code. On those scorching hot days as the school year approaches summer, many girls can be found scavenging through their closet for a “school appropriate” outfit or one they won’t melt into a sweaty puddle in. Her dresses will show too much leg, her tops will inappropriately expose her shoulder or collar bone, and her shorts will be too short — at least that 's what the school says. Dress code in modern day high schools should be boycotted because they are a violation to student and parents rights, sexist, out of date, a double standard, and they disrupt a female students education.
In 1965, a group of students who wore a black band on their arm to protest the war in Vietnam. The faculty in the school requested them to remove the band and when they refused, the district suspended the students. When they took the case to Supreme Court and they sided with the students stating students and teachers cannot "shed their constitutional rights to freedom of speech or expression at the schoolhouse gate." The court did not grant the a right to “unlimited” self expression and said that if the expression of the student does not disrupt others in school, it can be done, worn, or followed through with in any way that can be done in that manner.
What if you were called out of class for wearing your favorite sweater but it was “too revealing”?The first school law to require a dress code was was established in 1969 by the U.S. Supreme Court, known as the Tinker vs. Des Moines Independent School District case. Dress codes and uniforms have been the center of controversy between student and teachers from the start. Lately students have been saying that dress codes or uniforms repress their ability to express themselves in a school environment. To truly understand how this is such a big issue in the United States, we must know how this started, the positives, and the negatives of school dress codes.
According to a United States Supreme Court ruling, public schools have the ability to restrict students’ First Amendment rights. This became true in the Tinker v. Des Moines Independent Community School District Supreme Court case when Mary Beth Tinker, John Tinker, and Christopher Eckhart wore black arm bands to protest the Vietnam War. In order to understand Tinker v. Des Moines Supreme Court case one must establish the history, examine the case, and explain the impacts.
Have you ever gotten dress coded? Well, I have, even though what I was wearing wasn’t even bad. Schools have always had a problem with the dress code because students want to wear what they like! First, everyone expresses themselves in many ways. When teens express themselves through their clothes they shouldn 't get punished for it. Second, a dress code should not harm anyone 's religion or heritage background. Kids shouldn’t have to worry about getting dress coded for the way they look because if it was how they were raised they shouldn’t have to get looked down on for it. Although, it can help with kids and teens getting teased. Kids don’t just get teased for their clothes, it could be anything and that will never change. Teens should be able to wear clothes they want and not what the schools want.