The issue in this case was whether school-sponsored nondenominational prayer in public schools violates the Establishment clause of the first amendment (Facts and Case Summary - Engel v. Vitale, n.d.). This case dealt with a New York state law that had required public schools to open each day with the Pledge of Allegiance and a nondenominational prayer in which the students recognized their dependence upon God (Facts and Case Summary - Engel v. Vitale, n.d.). This law had also allowed students to absent themselves from this activity if they found that it was objectionable. There was a parent that sued the school on behalf of their child. Their argument was that the law violated the Establishment Clause of the First Amendment, as made applicable
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.
Symbols mean a lot, and when one represents a whole country a lot of controversy can surround that symbol; In this case, the flag of the United States is an important symbol that stands for many things. Some people put the flag of the United States on a pedestal, they look up to the flag, and value it, so when someone desecrates the flag they get infuriated. On the other hand, some people see the flag as a symbol of our freedom that supports the First Amendment which allows us to disrespect the flag if we want to. For many years controversy has surrounded flag desecration and one of the most famous cases surrounding the topic would be Texas v. Johnson (1989): This case focused on Gregory Lee Johnson and if his act of flag burning was “symbolic speech” protected by the First Amendment--They
New York case, the Supreme Court decided that New York and any other state were not justified to charge someone for speaking negatively about the flag. In addition, in a precedent case in 1969, the Supreme Court of Brandenburg v. Ohio ruled that even though Brandenburg was a member of the Klu Klux Klan, he was able to present a speech at a rally. Granted, the first amendments forbids speech it is primarily spoken to encourage or commence any type of crime. In like manner, in Texas v. Johnson, though burning the flag was impressed as disrespectful to some people, no laws or amendments were corrupted. In 1943, a precedent court case Brown v. Board of Education allowed students to not salute the flag. Many people believe that if the argument is that desecration of the flag is ruining a national symbol, not saluting the flag is of the same disrespect. Precedent court cases have all stayed on the same line of judgement to say that it is constitutional for desecration of the flag to fall under symbolic
The administrator ultimately banned the wearing of the confederate flag on school grounds nonetheless she admitted that she could not “ban it for eternity” (Hardie, 2013) and within months the students were back to wearing the flag. One of the teachers explained, “Our school’s, you know, real big, was real big into wearing the Confederate flag and they didn’t—I think it was lack of education or really understanding. I think we got a bunch of country bumpkins that just wore it because that’s what always—you know” (Hardie, 2013). This shows that although the history of the flag is known, the students’ allowed to wear the attire because the lack of understanding and education of the true meaning of the
This case Tinker v. Des Moines Schools was a very interesting case argued in 1968. A lawsuit was filed against the school after three students, Two of which in high school and one in middle school were suspended from school. The school suspended the students for wearing black armbands protesting the Vietnam war. Two other students wore armbands, but were in elementary school and weren't suspended. The students were fifteen year old John Tinker, sixteen year old Christopher Eckhardt, and thirteen year old Mary Beth Tinker.
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
The issue of the confederate flag has been an important cultural discussion point for some years now, but has recently taken on even greater importance in light of recent hate crimes in South Carolina, as well as rampant police brutality and shootings across the country. Much of the discussion has been an argument between the two schools of thought being that either the flag is a symbol of cultural heritage and nothing more, and the other being that it is a symbol of systematic and violent racism that has no right being in a place of honor and reverence in today’s society. In a way both schools are correct. The Confederate flag is a symbol of southern cultural history; it also happens that that history is a history of systematic and violent racism, starting from the flag’s creation and on to its popular resurgence in the south at the time of desegregation and the civil-rights movement.
Texas v. Johnson (1989) was a Supreme court case deciding whether or not flag burning is supported by “symbolic speech” protected by the first amendment. Gregory Lee Johnson is caught burning the American flag in Dallas, Texas in 1989 to protest Ronald Reagan`s policies. When Johnson had burned the flag during the protest the state of Texas arrested him for desecrating a venerated object. Although Johnson did not hurt or threaten to hurt anyone witnesses and spectators claimed to be seriously offended by seeing Johnson burn the flag. Most of the people in the courtroom were sided with Gregory Johnson supporting the fact that flag burning is considered as symbolic speech which is protected by the first amendment. The case was wrapped up
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.
stayed in effect for over sixty years until it was overturned in 1954 by the Supreme
The Articles of Confederation was created in 1777. The document was created by 55 delegates from all thirteen states. The Articles of Confederation loosely unites all the states but contains many flaws. The delegates all agreed on creating one branch of government. The legislative branch also know as Congress, but that did not face the give the government a lot of power. “Congress didn 't have power to create tax, draft troops, stop states from printing their own money, they couldn 't make tariffs, and there was no chief executive” (Enotes Martin Murphey) those were some flaws in the Articles of Confederation, Congress had limited power making the United States weak. For those following reasons the
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.
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 case Howes v. Fields was involved with the Miranda rights. The case is about an inmate´s confession about a sex crime without having the police officers questioning him telling him his Miranda rights. Mr. Fields had been brought to the jail of Michigan because of disorderly conduct. While being in jail Mr. Fields had been questioned by the police for several hours about the disorderly conduct. He was not told his Miranda rights, but he was told he was free to go back to his cell whenever he wanted too.