Coy Gunner

Freedom of speech encompasses not only the spoken and written word, but also all kinds of expression (including non-verbal communications, such as sit-ins, art, photographs, films and advertisements). If the students wore obscene clothing, set the school on fire in protest of the war, then yes, the school can implement a disciplinary action. However, this case does not involve any of those issues. The students simply wore black armbands. I cannot see any disruptive behaviors in there. They did not use these symbols to incite other students, and they made sure to allow the classrooms to function properly.

The First Amendment is designed to protect all citizens by giving them the right to express themselves in different ways. In doing so, we still have to be careful on how we do it. Students have the right to express themselves as long as it does not cause any disruption. In my school district, we abides by the First Amendment by not forbidding all mention of religion in the school system (Pamlico County Board of Education, 2015). The only part that is prohibited is the advancement or inhibition of religion (Pamlico County Board of Education, 2015). My school district feels that there’s nothing unconstitutional about using religious subjects or materials as long as it is in compliance to the neutrality of the education program (Pamlico County Board of Education, 2015).

Dress codes violate the first amendment. Students should have the ability to express themselves as it is their right to do so, but schools are prohibiting them from being able to express themselves. In the article Are Student Dress Codes a Violation of Civil Rights, Yates Kimberly claims, “If a school district can show that political

Historically, legal issues regarding the grading of assignments containing religious material have come to similar decisions. In Tinker v. Des Moines Independent Community School District (1969), a group of students decided to express their views about Vietnam by wearing black armbands to school. Although the district attempted to punish them for this, the Supreme Court ruled that the students were expressing a form of “symbolic speech” and were protected by the First Amendment, as long as it did not disrupt normal school functions. Similarly, expressing views of religion in school is protected if it does not disturb the educational process. According to Haynes and Oliver (2007), students have the right to express religious beliefs “in homework, artwork, and other written and oral assignments free from discrimination based on the religious content of their submissions” (p. 65). An educator must

Censorship cases often bring about debates over students’ first amendment rights. Students’ first amendment rights are important to preserve so that students can not be excluded from meaningful works or literature. It is understandable for the government to design educational plans as a way to get its voice into classrooms, but “the truth-promoting function of the First Amendment provides no reason, however, to question the right of students to explore a variety of ideas and perspectives, and to form and express ideas of their own” (Brown, 1994, p. 30). Schools already place a restriction on religious material or material addressing current political controversy (Brown, 1994).

The First Amendment rights have caused much controversy because it allows people to say, act, or feel how they see fit; for example, hanging of a Confederate flag or displaying a swastika in public view. It is a very hard and intense act; although it is their right to do so. According to the Supreme Court’s ruling, the displaying of these symbols is protected under the First Amendment.

Des Moines is an important case for free speech in the United States. It affirms that students don’t lose their rights when they go to school. However, it also affirmed that schools can limit speech that “materially disrupts classwork or involves substantial disorder or invasion of the rights of others” (Tinker v. Des Moines, 1969). However, the Court has ruled that there are times that the school can limit speech. In 1986, the Supreme Court ruled in Bethel v. Fraser that students can be disciplined for using vulgar and offensive language in school (Gooden, Eckes, Mead, McNeal, & Torres, 2013, p. 25). This case differed from Tinker v. Des Moines because that case was about political speech or expression. Another example of where school can limit the First Amendment is school sponsored newspapers. This was affirmed by the Court in Hazelwood v. Kuhlmeier (1988). That decision stated that schools can reasonably limit the content of school-sponsored newspapers (Gooden, Eckes, Mead, McNeal, & Torres, 2013, p.

The First Amendment guarantees freedom of religion. This is a part that is often taken away from individuals. A frightening but clear example of this was the Holocaust. Million of Jews were forced to hide their religion and to be ashamed because of one man that though it wasn't the right way to live. The U.S. Constitutions makes it so that this will never occur in The United States. Another example that shows breaching and use of two different sections of the constitution is the KKK. This organization commits crimes and puts down certain people just because of their religion. These people are making it so that some would not want to show their heritage and what they believe because they are scared of ridicule. The KKK although violent and seemingly evil actually uses The First Amendment every time they meet. Some hate the KKK but it is their right to organize and say what they feel. No one can stop them from saying what they think of a certain religion. Some feel that there should be limitation on freedom of speech but then would our country truly be free? Often, children need to have the material they watch censored, because they themselves cannot distinguish how raw the material they are watching is. Youth should be protected, as well as people of all other ages from that kind of raw material. An interesting quote on censorship reads, "Censorship reflects a society's lack of confidence

The first amendment, as written in the constitution, forbids the abridgement of “speech”, but we have not taken upon the writing that it spreads past spoken and written. Any citizen has the wright to use his or her form of “speech” in his or way of choosing. These forms can be in words, or written down on paper. These ways of speech can also be used in actions, and these actions can express an idea of language as well. When Johnson decided to burn the American flag, he was using his form of speech to get his point across to the new president. When the state came after him, they were in the wrong because of this amendment. Because of this, it was

The First Amendment gives the citizens of the United States their most important rights: the right to freedom of speech, freedom of press, freedom of religion, and the freedom of assembly. Over time these rights have worked themselves into the everyday lives of United States citizens. However, there are still places where our First Amendment rights may be compromised. In the school system, finding a balance of respect and freedom of speech and press is as difficult as learning out to tightrope walk. One wrong step and you could be compromising the learning environment of the entire student body.

Everyone in America should be guaranteed the freedom of speech granted by The Constitution. In 1988, the court ruled in Hazelwood School District v. Kuhlmeier that schools \could limit freedom of speech in school if they had “educational concerns” (Jacobs). The problem is that “educational concerns” is too vague and school districts are able to use this as a loophole to get away with removing articles that do not need to be removed. Often, the concern is based on perception and image more than anything else. Angela Riley’s article “20 years later: Teachers reflect on Supreme Court’s Hazelwood School District v. Kuhlmeier ruling” quotes Frank LoMonte, executive director of

Over five years have passed since high school senior Joseph Frederick was suspended for 10 days by school principal Deborah Morse after refusing her request to take down a 14-foot banner he was displaying at a school-sanctioned event which read “BONG HiTS 4 JESUS.” Born as a seemingly trivial civil lawsuit in which Frederick sued the school for violating his First Amendment rights to free speech, the case made its way up to the U.S. Supreme Court, and the long-awaited ruling of Morse v. Frederick has finally been released. In a 5-4 split decision, the court ruled in favor of Morse and upheld the school board’s original ruling that Morse was acting within her rights and did not violate Frederick’s First Amendment rights by taking away his

Being in 7th grade, the student did not have full rights, “For example, children have a limited right to free speech. ... However, schools may limit the child's speech if they feel it could harm other students.”( What are the Legal Rights of Children? (n.d.). Therefore, for Guiles to argue that the school was infringing on his first amendment, I feel as if this was not correct. The school had every right, and even more power than that, that could induce a dress code that involved identical uniforms. For example, according to ProCon.org. 2017, “In Long Beach, CA, after two years of a district-wide K-8 mandatory uniform policy, reports of assault and battery in the district's schools decreased by 34%, assault with a deadly weapon dropped by 50%, fighting incidents went down by 51%, sex offenses were cut by 74%, robbery dropped by 65%, possession of weapons (or weapon "look-alikes") decreased by 52%, possession of drugs went down by 69%, and vandalism was lowered by 18%.” The students shirt in question had numerous amounts of potentially provoking, or exposure, to these elements shown to cause problems in schools, and infringed on the other students being exposed to these

When talking about the First Amendment, the law protects us from freedom of speech and free exercise of religion and it also stops Congress from making any new law to prohibit free speech and free exercise. The case involving a Christian printer who refused to print gay pride T-shirts. The printer declined the printing job for T-shirts promoting a gay pride festival on religious grounds, but he did offer the customer to help them find other local printers to do the work for the same price. Based on the information that was provided the printer had a history of rejecting other orders for shirts promoting sexually explicit material/actions and violence.

One example, of how a government in school district, many students are able to express themselves through what they wear to school, students and teachers are free to speak their minds on public school grounds. They can even wear T-shirts with messages, dye their hair funky colors, and wear jewelry or buttons that make a social statement. But, even with First Amendment protection guaranteed by the U.S. Constitution, there are limits in the school setting. And figuring out where the line is drawn is fairly complicated, and more teenagers are facing restrictions as the school’s boards across the country adopt more stringent policies.