Why The First Amendment Should Not Be Abolished In Schools

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The First Amendment of the United States Constitution protects the right of expression to citizens. Students are said to keep their Constitutional rights within the school environment, as set in place by the Tinker Standard. However, the rights that are given to students have continued to be controversial and many of these cases have ended up in the Supreme Court. The education system is supposed to help in guiding the students by correcting or disciplining their incorrect actions, but this can sometimes end up in punishing excessively, and this is proven in many cases where the Supreme Court ruled in the favor of the students and their right to their self-expression. Students are not protected by the First Amendment because school officials are…show more content…
While students are said to be given the right of free speech by the first amendment, sometimes this right gets limited in certain circumstances. For example, in the Layshock v. Hermitage School District case, Justin Layshock made a profile on Myspace where he mocked his principal, inspiring the same actions from fellow students. Although he confessed to doing this, Layshock should not have been punished because the actions did not start at the school, but outside the building. Also, in this case, the school failed to make a connection to how the profile caused school disruption. In conclusion, suspending Layshock because of the profile and his speech violated his First Amendment rights. Another case where a student was wrongfully punished was in T.V. v. Smith-Green Community School Corporation case, where two girls posted brazen
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