Free Speech In Public Schools

Social media in the 21st century has altered behind the shadows of Regina George. Americans use the First Amendment as an excuse for unlimited speech, however, free speech is not absolute since the Supreme Court has allowed certain limits on that freedom. These limits include clear and present danger, fighting words, obscenity, conflict with other important interests, and time, place, and manner. Today, many free speech controversies are centered in the use of technology including cellular phones, text messages, Twitter, Facebook, and email. These effects of online speech can deluge into schools, and administrators are responsible for maintaining an appropriate environment. They

It can be concluded Teachers are held to a higher standard then non-educational occupations, as “The Supreme Court has acknowledged that a “teacher serves as a role model for…students exerting a subtle but important influence over their perceptions and values” (Cambron-McCabe, McCathy & Eckes, 2014, p. 251). Teachers must be conscious to the ideology their actions, words, and mannerism can directly influence their student audience. The 1st amendment freedom of expression offers protection to teachers as it applies to the following clause, “Public employees’ comments on matters of public concern are protected expression if they are made as a citizen and not pursuant to official job duties” (Cambron-McCabe, McCathy & Eckes, 2014, p. 233).

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.

Citizens in America are born with a various amount of rights. One of these rights include the freedom of speech and expression. However, school administrators have the ability to restrict a student’s expression. The Supreme Court Cases ‘Bethel School District v. Fraser’ and ‘Frederick V. Morse’ gave schools the right for the administrators to discipline children when they see fit. Students should be able to express themselves in any way without fearing that their school administrators will discipline

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

In 1969, a group of students filed a lawsuit against their school district claiming that their First Amendment rights were violated because the school district wrote a policy that prohibited them from wearing black armbands in a silent protest of the Vietnam War. Tinker v. Des Moines Independent Community School District (1969) ruled that students are entitled to their First Amendment rights as long as they are not causing a disruption to the school environment. This paper outlines the procedure and rulings in the case as well as other legal rulings that have expanded on when censorship of students is protected in public school settings as well as provides a personal reflection on how such matters can impact my future as a school administrator.

I further believe that in order to teach children, school districts need a certain amount of authority and structure to keep students safe and effectively teach them. School districts need to provide a positive learning environments that includes free speech for both students and teachers for optimum learning. However, I have concerns that school regulations could have far reaching affects not originally intended and when school's regulations are not applied equitably. I agree with the Supreme Court's descending decision in this case and the District Court's decision that the action of the school authorities was reasonable.

Schools have very different policy's when it comes to what the 1st amendment says. 2 cases are proof of this, Tinker vs Des Moines is a case where a simple armband protesting the Vietnam war which shouldn’t be an issue gets into the supreme court. This is because schools can enforce things that are a distracting or disruptive to school activity. A similar case to this is Bethel school district vs Fraser is a case where freedom of speech of a student gets taken away from him. This is due to the fact the student was making sexual remarks in a school speech which the principle deemed inappropriate for some students. Both cases directly relate to the first amendment with Tinker vs Des Moines being freedom of expression and Fraser being freedom of speech. Tinkers case is the best

First Amendment protections are the most essential rights ensured to Americans; however, they are not absolute. The United States (U.S.) Supreme Court has never taken the stance that these protections are assured in all conditions. School speech is one such area, since the decision of Tinker v. Des Moines Independent Community School District. The Court has been willing to constrain the fairly extensive Tinker holding requiring a school to demonstrate that a student’s speech is a material and substantial disruption in order to curtail student’s First Amendment rights. The Court, in each instance since the Tinker case, has restricted Tinker as opposed to applying it as drafted. In Bethel School District v. Fraser, the Court created an exception

First, the court had to determine if the constitutional right to freedom of speech applied to students at school. Secondly, the court had to determine if the students had actually demonstrated speech. Lastly, the court had to determine to what degree did the school extinguish the students’ speech in conjunction with school’s expectations. In 1969, in a 7-2 majority vote in favor of Tinker (students), the United States Supreme Court ruled, “It can hardly be argued,” declared the Court, “that either students or teachers shed their constitutional rights to freedom of speech and expression at the schoolhouse gate” (Imber et al p83).

In the well-known case of of Tinker Verses Des Moines Independent Community School District, the Supreme Court remarked, “it can hardly be argued that either students or teachers shed their constitutional rights to freedom of speech or expression at the schoolhouse gate.” While shedding your thoughts and freedom of speech or expression at “the schoolhouse gate” can be difficult, the district did have the right to not renew the teacher’s contract. I think that it is important to keep my mind what the judge stated in the facts above, “teachers … do not have a right under the First Amendment to express their opinions with their students during the instructional period.” The teacher gave her opinion and an idea of her political view by stating

The first amendment states "Congress shall make no law respecting religion or prohibiting the free exercise thereof, or abridging the freedom of speech..." The Supreme Court determined that free speech does in fact have limits. For years the first amendment only applied to the federal government, that was later changed in 1925 in the 'Gitlow v. New York' court case. The Supreme Court said that this applied to other levels of government which included public schools. 44 years later in 'Tinker v. Des Moines' The Supreme Court ruled that if a student "materially disrupts classwork or involves substantial disorder or invasion of the rights of others" that the First Amendment does not protect it. Then in 2007 in the 'Morse v. Frederick' case, the

First amendmendment 0f the constitution give people the freedom of speech, however when it comes to the school ground things get complicated, over time.the supreme court has passed laws that change student first amendment rights, expanding then restricting them. because of students fighting and suing their school when they feel that their 1st amendment rights have been violated by the school administration, student first amendment rights have changed.

Freedom of speech is more than just words, it is posters, petitions, rallies, protests, and more. This lets opinions be shared and spread to make a difference in the world. The problem is that in schools there is a limit on the amount of freedom of speech students can have. How are students supposed to feel like they have a voice when they are being told that they can only speak of certain topics? By what means could student be educated on their rights like the First Amendment if they cannot have full access to that right at all times? Students are brought together by freedom of speech, schools should not be stopping that. It is essential that freedom of speech in schools should not be limited because it gives students a voice, it educates them on their rights, and it brings students together.