Fraser because both involve students’ First Amendment Rights. However, in Bethel School District v. Fraser, the Supreme Court ruled that Fraser’s school suspension was appropriate and nondiscriminatory because while the First Amendment guarantees free speech, Fraser imprudently and vulgarly spoke at a school assembly (Walsh, 2018). The Supreme Court determined, the role of schools is to teach socially appropriate behavior and speech. It is within the school’s sole discretion whether and how to punish such speech (Decker, 2014). This decision contradicted the political speech, which the Court had protected in Tinker v. Des Moines Independent Community School District in 1969.
In the past students did not know the guidelines of what they could say at school,but the students at Des Moines brought attention to the rights of every student at school(Blacher 10). Things changed in the 1960's many students wore black armbands to school as a way of protesting the Vietnam War (Blacher 11).The Des Moines school banned them from wearing their armbands(“Case summary:Tinker”1). Mary Beth and John Tinker believed it was their constitutional right to be able to express how they feel(“Case summary:Tinker”1). They decided to take their case to the courts. case went all the way to the supreme court(“Case summary:Tinker”1).
The students were sent home and suspended until they returned to school without the armbands. The District Court originally ruled that the school authorities’ fear of disturbance was reasonable enough to warrant the suspension of the students. The Supreme Court however, stated that fear is not enough to overcome an individual’s right to freedom
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.
The wore black armbands in a protest against the government policies during the Vietnam war. The Tinkers tries to fight the suspension with the district court but the district court was in favor with the school so the Thinkers had to take it further. The next step was to take it to the supreme court. The tinkers took it to the Supreme court and the majority vote wat that it was unconstitutional for the school to
One must have evidence that a disturbance has been make. Fear cannot take away freedom. In one of the court cases mentioned, it says, “the vigilant protection of constitutional freedoms is nowhere more vital than in the community of American schools,” (13). This is saying that our constitutional freedoms are most valuable in American school communities. The freedom of expression is one of the reasons that makes America a superior country.
Censorship in schools concentrates on creating a non-beneficial and unhelpful learning environment for students. Americans should be aware that textbooks often only present a positive image of US history because it doesn’t tell the truth about how we came to be as a nation. In Denver, Colorado, students are protesting about a review of the AP history curriculum which
Stating that even though the school did have the students best interest in mind, that only comes second to the rights stated in the first amendment. Also, since the books were banned solely based on the fact that the board did not like the content in those books, the board could not ban them (Oyez, Board of Education v. Pico). Therefore, the court basically reaffirmed the appellate court's ruling, and stated that “the Constitution, through the First Amendment, does not permit suppression of ideas” (Case Briefs, Board of Education v.
Freedom of speech must always be used to an extent. We may not allow students in schools to say whatever they please without any consequence. Also, as we are siding with the Tinkers, we must not send the wrong message to students. We are not displaying that whenever a student has a stance, to go against the school’s government and to make this a national ordeal.
“The last time I was at Munchy’s, ALL the noise came from loud, annoying business people who were either on their cells or arguing with each other.” This quote proves that the students are not the only ones making the noise so they should not be the one to blame. The issue at hand affects all teenagersin school since the supposed banned is against all teenagers. Even though the ban was only brought up that one day all the noisy teens were there. Even though Munchy’s want to ban teenagers because they are loud, Munchy’s should not ban teenagers from going because business owners are equally loud, make more money during the fall, and it is a violation of their civil rights.
In public I can speak or express my feelings minimal restrictions. As for in a school zone I am not always available to do so. This where the amendment does not have 100% full affect. It has restrictions as to where you are, what you say, and what actions are taken after saying these things. There are plenty of restrictions as to what i can say, talk about, or wear.
The students were asked to remove the armbands by school officials and when the students refused they were suspended. The concern is that the students First Amendment Rights were violated, specifically their free speech. The Des Moines, IA school district argued that the students First Amendment Rights were not violated because their actions created a disruption to the school environment. The parents appealed the school district’s decision through each of the federal courts and ultimately, landed at the US Supreme court.
While reading the novel Fahrenheit 451, i realized the author, Ray Bradbury described the role of censorship by putting together the personal freedom that one person has, to the freedom of expression that person was giving. Bradbury describes the right of the First Amendment and the rights we have as a human being. The First Amendment is about the freedom of speech that one person has for themselves. Once a man named Justice Holmes, said the meaning of the First amendment was “freedom for what we hate.” A role of censorship was played by sending a very direct or forward message that tells readers what may or may not happen if they allow the government to take control of what they do or do not read.
In 1969, the U.S. Supreme Court case Tinker v. Des Moines Independent Community School District upheld the right to freedom of speech of students to protest the Vietnam war by wearing black armbands. The case explained the problem that “students do not “shed their constitutional rights to freedom of speech or expression at the schoolhouse gate.” (Student) As students, we are free to express ourselves through what we wear. As students, we have every right to proclaim our beliefs
The idea of free speech on college campuses and the complications of it stem from those on campuses expressing views that don’t align with popular views. Implications for students who use the idea of free speech as a method for hateful actions and comments should be reprimanded, but the question remains as to whether schools should enforce tougher limitations. The freedom of speech on college campus expands to the freedoms of religion, assembly, press, and protest as well. Freedom of expression allows students to show their own political, social, and cultural views. Removing freedoms of speech and expression have consequences deeper than surface issues.
