Freedom Of Speech: West Virginia Board Of Education

“Congress shall make no law…abridging the freedom of speech.” (Jacobus 93). Just like the Freedom of Religion there are limitations placed on the Freedom of Speech so that other people’s rights aren’t compromised. For example, people are not allowed to present true threats, or “fighting words” to another person. This restriction was put into play in the court case of Chaplinsky vs. New Hampshire. The Court ruled that “fighting words, by their very utterance inflict injury or tend to incite an immediate breach of the peace and may be punished consistent with the First Amendment.” (Ruane 3-4). In this case if someone was to use “fighting words” which is their perceived freedom of speech, it would not only violate the law, it could violate someone’s freedom of pursue life, liberty, and happiness. With this, we can see that freedom is not always as it

     Since this country was founded, we have had a set of unalienable rights that our constitution guarantees us to as Americans. One of the most important rights that is mentioned in our constitution is the right to free speech. “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the

No, the constitution states that only our legislative branch is prevented from abridging free speech. In fact the further we move from government the less free we are. For example an employee disagree and cusses in a workplace he or she has no constitutional protection and will be fired. This is because the First Amendment has no control over limits on speech you set where you or others make the rules. This does apply at a state level for schools and even at a district level.

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

The freedom of speech is one of the most precious rights that the United States citizens have. Unlike many other countries, the United States citizens have the freedom to speak their minds and to give their opinions on anything as long as it is done in a peaceful manner without having any fear of governmental retaliation. “The First Amendment guarantees our right to free expression and free association, which means that the government does not have the right to forbid us from saying what we like and writing what we like.” This does not mean that a person can say whatever he or she wants to say, but rather that a person’s right to say something is protected within certain limits.

One of the most landmark cases on free speech was Schenck v. United States in 1919 where Charles Schenck mailed letters to draftees of World War 1 stating that the draft was wrong and to “not submit to intimidation”. The court concluded that Schenck was not protected under the 1st amendment in this situation because it was an attempt interfere with the draft which is a criminal offense. More specifically, there has been many cases involving college speech in the 1st amendment. There has been times where college speech has been restricted through history and times where it has been encouraged. College is a place where student speech should be open but also respected. There are many famous court cases involving fan profanity, student clubs, the newspaper, on college campuses. One of the first college speech cases was Sweezy v New Hampshire where the court had to decide if the Attorney General of New Hampshire could prosecute an individual who refused to answer questions about a lecture he gave on a college campus. The court ruled in favor of Sweezy. College speech became an issue ever since that

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

The First Amendment to the United States Constitution states that government “shall make no law . . . abridging the freedom of speech . . . .” U.S. Const. amend. I. Nevertheless, the First Amendment protection of free speech is not absolute; even protected speech is not equally permissible in all places and at all times. ACLU of Nev. v. City of Las Vegas, 333 F.3d 1092, 1098 (9th Cir. 2003). However, traditional public forums such as streets,

The First Amendment to the United States Constitution states that government “shall make no law . . . abridging the freedom of speech . . . .” U.S. Const. amend. I. Nevertheless, the First Amendment protection of free speech is not absolute; even protected speech is not equally permissible in all places and at all times. ACLU of Nev. v. City of Las Vegas, 333 F.3d 1092, 1098 (9th Cir. 2003). However, traditional public forums such as streets, sidewalks, and other public

America’s Founding Fathers gave Americans certain rights when they established this great nation. These rights include life, liberty, and the pursuit of happiness, as well as other constitutional rights like freedom of religion, protection against self-incrimination, and the right to bear arms in defense. One of the most important of the freedoms bestowed upon American citizens by their inspired founding fathers is the freedom of speech. Americans have the right to speak their minds without the worry of punishment by the government. An example of this is the Tinker V. Des Moines Independent Community School District case in the years 1968-1969. In this Supreme Court case, the Tinker family was fighting for their right to symbolic speech at school. Another case regarding Freedom of Speech at a school is Hazelwood School District V. Kuhlmeier. This case is also concerning the right to free speech at school. Free speech in school greatly affects many people. According to the National Center for Education Statistics, “In fall 2016, about 50.4 million students will attend public elementary and secondary schools… In fall 2016, some 20.5 million students are expected to attend American colleges and universities” (A-Z). This means that these laws and related issues will affect about 70 million people.

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.

The First Amendment protects the freedom of expression and prohibits Congress from limiting rights to speak or not speak freely. In case 1, the NFL players are entitled to freedom of speech to show how they are feeling, but they can't sue. Although the team is entitled to freedom of speech, there is no state action taken. This prevents the football team from winning the case against the school. The private school will win because there is no state action. In the third case, the players are entitled to freedom of speech. There was state action taken due to the public school being funded by the state. There is silent speech involved but it isn't prohibited. There is no compelling interest to limit these rights so the football team is the one

Among other cherished values such as religion, petitioning, press and assemble, the First Amendment protects freedom of speech. The U.S. Supreme Court often has struggled to determine what exactly constitutes protected speech. The First Amendment states, in relevant parts that, “Congress shall make no law...abridging freedom of speech.” Below are a few examples of the rights of what freedom of speech includes and the rights it does not include, along with the acts that were passed along with it.