Freedom Of Speech In Public Schools
Freedom has been the center of American ideals since the United States gained independence from Great Britain. To protect these ideals, the Founding Fathers created the Bill of Rights; which contains the first ten amendments to the Constitution. The document grants American citizens their basic rights and freedoms. The First Amendment guarantees the freedom of speech, freedom of religion, freedom of assembly, freedom of the press and the right to petition the government without retribution. It directly states:
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the
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The majority of high school students are under the age of eighteen and minors have restricted rights outside of those they face on school campuses. For many students in public high schools, speech restrictions are based on the level of disruption it creates for the learning environment. The Supreme Court Case, Bethel School District. No. 403 v. Fraser, 1986 set the Fraser Standard, after a high school senior gave a speech that included lewd references before a student assembly. The court, decided that "the constitutional rights of students in public school are not automatically coextensive with the rights of adults in other settings" (First Amendment Center). The case set a standard to the extent of student speech poses a threat of disruption when questioned by school officials or the court. Although, this case set the Fraser Standard, courts have issues on how to apply it; some apply it too all vulgar speech and others apply it to speech that is in some way school sponsored. This case affected the outcome for Joseph Fredrick in 2002. On January 24 in 2002, the Olympic Torch Relay passed through Juneau, Alaska. Joseph Fredrick, a senior at Juneau-Douglas High School, saw an opportunity to be on television. Fredrick, created a large banner that read ‘BONG HITS 4 JESUS’ to display at the relay. At the relay the high school’s administration supervised their students in attendance. Principal, Deborah Morse, saw the banner and asked Fredrick to put it away because “she was concerned it could be interpreted as advocating illegal drug activity” but Fredrick insisted on displaying the banner (United States Courts). The school has a strict policy which forbids advocating the use of illegal drugs, which Fredrick violated and was suspended for ten days. Fredrick took this situation to the courts but they ruled against his favor because the relay was a
Court Case: The Mary Beth Tinker Case
643 Words | 3 PagesAnxiously on the day of Thursday, September 1, 1966 the Tinkers filed back into court to hear the verdict. Sadly the Tinkers did not hear what they wanted to. The judge ruled in favor for the defendants saying that it was constitutionally justified that the school was allowed to ban the armbands. Students rights were pushed out the door again but Mary Beth Tinker would not stop.
Beth And John Tinker's Case Summary: Black Armbands In Schools
173 Words | 1 PagesIn 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).
Morse V. Frederick Case Summary
208 Words | 1 PagesThe Morse V. Frederick case was started on January 24, 2002 when the student Joseph Frederick made a controversial banner that said “Bong Hits 4 Jesus”. Frederick’s banner was promoting the use of illegal drugs. The people involved were Joseph Frederick who was a senior at Juneau Douglas High School and Deborah Morse who was the school principal. Frederick refused to take down his banner which caused the questioning of his First Amendment Rights. A case that the Court of Appeals cited was the Tinker v. Des Moines.
Wooly V. Maynard Case Analysis
169 Words | 1 PagesThe bill of rights contains the ten amendments, which protect and guide the people of the United States of America. It was signed by governmental power in 1791 and became a law. The bill protected victims of crime, however it protected criminals when charged with a offense. In the case of Wooly Vs.
Morse V Frederick Case Study
723 Words | 3 PagesMy perspective on this case is that the student was still a representative of his school at the football game and the principal had the right to take action against his acts. Taylor Murphy claimed that, while on school property, the event was outside of the school day and he was acting as a free and public individual. In the case Morse v. Frederick, he may have no been “in school” but he was on school grounds and Morse v. Frederick states “pupils who participate in approved social events and class trips are subject to the same student conduct rules that apply during the regular school program.” Even if Murphy didn’t realize it, he associated himself with the school by wearing his school varsity jacket, so it was clear to the public that
Constitution Dbq
790 Words | 4 PagesFrom the failure of the Articles, should the new government, the Constitution, be approved? In 1788, the Constitution was created as the Articles of Confederation wasn’t successful and strong enough for their new government. During that time, a debate went throughout America about the Constitution whether to ratify it or not. Yes, the Constitution should be ratified because a Bill of Rights was promised, no one overpowered (in the government; checks and balances), and it is fair to both citizens and officials. Starting off, a bill of rights was promised which would ensure many things for the citizens.
Essay On First Ten Amendments
462 Words | 2 PagesIn the late 1700’s, James Madison wrote the first Ten Amendments that are listed in the United States Constitution. The Bill of Rights were written to ensure American citizens that they have freedoms and rights that the government can 't infringe. Out of the Ten Amendments, I believe that the First and Eighth Amendment are the most significant. The First Amendment grants us freedom of speech, religion, press, petition, and for people to assemble peaceably.
First Amendment Free Speech Clause Analysis
329 Words | 2 PagesThe First Amendment Free Speech Clause requires courts and school districts to weigh and balance the need for a safe, orderly school environment conductive to learning and guarantee the right to speak or engage in expressive activity (Darden, 2006). This means that if students are not disturbing others from learning then they are allowed to express their selves freely. This resides back to the Tinker verse Des Moines ICSD case, when principals suspended students for wearing black armbands in protest of the Vietnam War. The Supreme Court ruled in favor for the students stating that school officials must demonstrate that the speech would disrupt school activities, which in this case it did not (Darden, 2006). Speech is not just considered
1st Amendment Importance
530 Words | 3 PagesThe Importance of the 1st Amendment In 1787 our founding fathers assembled the constitution of the United States of America. Of this which contains the most important document to the American citizen, the Bill of rights. The first Amendment states: “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances” These freedoms granted by the Bill of Rights are often known as freedom of expression. These rights are most important to a truly free society. The first amendment provides us with new ideas and dismisses the fear of punishment
Censorship Of The First Amendment Essay
865 Words | 4 PagesThe First Amendment was written because American citizens demanded a guarantee of their freedom. This led to James Madison writing the First Amendment. The First Amendment was established when the Founding Fathers wanted to guarantee that the Americans ' basic civil liberties would not be threatened by the government. The First Amendment was confirmed, along with nine other amendments,to the constitution of the United States. The First Amendment states “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.”
Goss V. Lopez Supreme Court Case Summary
762 Words | 4 PagesIt was required that the student's parents be informed of the suspension within 24 hours with given reason. If the student were expelled, they would allowed to appeal to the Board of Education. The principal gave the students suspension without holding a hearing, it was okay because Ohio law did not make it required to do so. But they were also later expelled without a right to have due process. The federal courts believed that the students rights were being violated.
Persuasive Dress Code
1220 Words | 5 PagesIn 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
Freedom Of Speech In Schools Essay
772 Words | 4 PagesPublic speech is an intrinsic characteristic of most institutions that allows speakers to expound upon topics relating to current political, social, or other miscellaneous issues. Recently, disapproving students at various colleges such as Berkeley and Middlebury have challenged public orators given permission to speak at their respective campuses. Although most of these protests had peaceful inceptions, they promptly intensified until the calm civil disobedience became an escalating riot. Such protests in academic as well as non academic realms have raised the question of how institutions should decide to whom they provide a public stage to without provoking severe objections by its members. To provide fair and constitutionally aligned opportunities
Freedom Of Speech In Schools Research Paper
1320 Words | 6 PagesThe First Amendment in the Bill of Rights states, “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances” (U.S. Constitution). When, if ever, is the abridgement of free speech necessary? Judicially, what is considered speech; can speech ever been expressive rather than vocalized? Most importantly, do these liberties end once a student steps on school grounds? These questions have been the subject of many controversial and groundbreaking Supreme Court cases throughout the years, resulting in the term “school speech.”
Religious Freedom In Public Schools
569 Words | 3 PagesReligious Freedom in Public Schools The First Amendment states that Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances. Because of increased acts of terrorism many students are turning to prayer, but find they can’t. First I will talk about what is already allowed, then I will talk about what Freedom From Religion Foundation thinks, and finally what I believe. The law states that no teacher or school administrator may teach religion and must remain neutral on any religious matter. The law also says that students are not held to the same rules as school authorities and may do everything except forcibly try to convert fellow students.
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