1.) Should high school students be allowed to wear red ribbons, a symbol for aids awareness, on school property? The first amendment rights are available to teachers and students. Students and teachers do not shed their constitutional rights of freedom of speech or expression at the schoolhouse gate. Tinker v. Des Moines, 89 S.Ct. 733 (1969). Therefore, high school students should be allowed to wear red ribbons in support of aids awareness on school property; so long as such silent, passive expression of opinion do not materially and substantially disrupt the work and discipline of the school, or offends the rights of other students. Moreover, schools should not prohibit students from exercising their First Amendment rights because of the school fear or apprehension of disruption that may occur from such expressions. Freedom of expression would not truly exist if the right could be exercised only in an area that a benevolent government has provided as a safe haven for crackpots. Id. Attending high schools should be more than just exposing students to a structured curriculum. High school should also be a place where students are allowed to think outside of the box. Schools should inspire creativity, sparks curiosity, and fuels ambition.
Wearing red ribbons in support of aids awareness could be viewed as a creative silent, passive expression, which could spark curiosity and fuel ambition among the students. Many great humanitarian movements were started by a
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
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
The district court determined that the student’s First Amendment rights had not been violated. The court viewed the school paper as an extension of a journalism class. It was intended to be a learning experience, therefore must follow board rules for curriculum (Open Jurist, 2008). Laws mandate balancing the rights of the students to freedom of speech and the protection of other students to speech that is lewd, vulgar, or creates a substantial disturbance. The Supreme Court held this case differently from previous cases, such as Tinker v. Des Moines, which ruled in favor of the students (2008). Students were allowed to wear allow black armbands in a silent protest to the Vietnam War. This was not a part of the curriculum and was not found to be
"It can hardly be argued that either students or teachers shed their constitutional rights to freedom of speech or expression at the schoolhouse gate." This was the main argument from Justice Abe Fortas that came into play at the Tinker v. Des Moines School District Case of 1969. The case involved a small group of students who silently dissented against the government’s policy during the ongoing Vietnam War by wearing black armbands to school. In response by the school administration, each of those students was suspended from the public schools they attended in Des Moines, Iowa. This case is a prime example of the Constitutionally protected symbolic speech we have
The Tinker case of 1969 expanded students’ 1st Amendment rights in school and established the Tinker Test for future cases, whereas, if there was not a disturbance, and others were let alone, students First Amendment rights were intact. LaMorte (2012) notes “It can hardly be argued that either students or teachers shed their constitutional rights to freedom of speech or expression at the schoolhouse gate,” (p. 87). Freedom to express societal, political, and/or economic issues even if they are unpopular, are permitted in school as long as work is not disrupted and there are no threats of violence. Tinker’s right to wear an armband protesting the Vietnam War, a controversial societal issue, was upheld and begin the trend toward promoting students’ 1st Amendment rights in schools.
High school is one of the most important things to a student's life. It is the foundation
Although the First Amendment is not that vague, schools have struggled to define what its limits are for the past 40 years. One may argue that a student’s Freedom of Speech should not be limited because of our First Amendment rights, the fact that so many schools struggle to define their limits and that they all have different limits, also, limiting a student’s Freedom of Speech brings totalitarianism to schools.
Students don't have the same First Amendment rights they have in the public compared to school. Four major cases were brought to the Supreme Court concerning students' First Amendment, Tinker , Fraser, Hazelwood, and Morse. The First Amendment states that “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.” Only one ruled in favor of the student that being the first one, Tinker which set the stage for the rest. Students' First Amendment rights have changed since Tinker expanded upon students' right to being constricted because
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.
Some symbols have different meanings to different cultures, however, which complicates such restrictions” (“School Dress Codes” 1). This article agrees with both sides of dress codes. Students should be able to wear what they want, but not harm any other students at the same time. They should be able to dress as they please and stand up for what they believe in without harming other students or being offensive to what another person may believe. Equality and rights must be applied when making dress codes, because students should have freedom.
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
The functionality and success of the American democracy is dictated by the fundamental rights outlined in the Constitution. These rights have been utilized by American citizens on numerous occasions throughout the centuries when advocating for these critical rights. However, questions started to arise when high school students started exercising these rights in their high schools, specifically their right to free speech and expression. The right of high school students to freedom of speech became an issue when their speech began to disrupt the school day and, as a result, teachers began to restrict it. Tinker vs. Des Moines, the landmark case advocating for students’ right to free speech, as well as Bethel vs. Fraser, the case ruling that students don’t have the same first amendment rights as adults, have been instrumental in dictating the outcome of future court cases regarding the right to freedom of speech of high school students. The exchange of information and exposure to new and different ideas is critical to students’ education and should be protected. However, if the freedom of speech infringes upon the need to maintain a safe learning environment, should it be protected? In my opinion, interpretations of Tinker have proved to be too restrictive on the First Amendment rights of students. The right to freedom of speech is a core right of the American
Once a child graduates from elementary school and goes on to high school, he or she is already molded into the person he or she will be for the rest of his or her life. Sure all kids become more mature within those four years, but their values are still the same, and in some cases even stronger. In most circumstances, a child will use what they learned in the past to make decisions inhe future. High school, however, is important for other reasons as well. High school is the very last step before a student can enter the realm of higher education. Therefore, high school is essentially what prepares a student to go on to bigger and better things. High school is where
Yet, the education does not stop at middle school, for high school really puts all the basic skills from elementary and middle school to work as the assignments and the exams become more challenging. We do not only learn about reading, writing, history, and math, we learn about the people around us as we associate with different personalities, and as we see what we have grown up to be and what we want to be later in life. Accordingly, the high school years are a time when teachers emphasize the importance of graduating and attending college in order to have a “succesful future.”
As an educator, it is extremely important to know educational policies. On top of the knowledge, it is also imperative to respect the rights granted to students in the democratic society. Attached above is an article, published by the first amendment center, regarding how the first amendment is employed within public schools. The first topic in the article is titled speaking out in school. Here I learned that the school cannot limit the student’s freedom of speech, unless it is hindering the environment to learn, and even then, there is a lot of grey area. Here the school must be able to provide substantial evidence that the student’s writing, speech, or expression would cause great disruption. This also ties directly into school dress code and uniforms required by the school corporation. Students, in many