Amelie Whitehurst Professor Michael Coenen Honors 2060 30 October 2017 Freedom of Speech in High School 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
As American universities and colleges grow their demographics, diversity and ideas there is a continued and an accelerated debate regarding freedom of speech within these higher education institutions. College campuses are struggling to simultaneously provide a learning environment that is inclusive to traditionally unrepresented students while also providing an environment that allows for ideas to be challenged and debated no matter how offensive or controversial.
In the history of the Supreme Court, there have been many First Amendment cases that outline if exercises of free speech and expression are constitutional or unconstitutional. One of the most paramount 1st amendment cases is that of Tinker v. Des Moines Independent Community School District (1969). This significant case helped shape the extension of symbolic speech, as well as ensure the freedom of speech and expression to students in schools.
College is a time when most individuals are experiencing major changes and begin to explore new perspectives. The transition in becoming more independent, creating new insights and peer influence are key factors in changing the perspective of an individual. Students are faced with new ideas from their professors, family and fellow peers. Through that acquired knowledge many students decide that they either agree or disagree with the perspectives that they are taught. Allowing the right of ‘Free Speech’ on public college campuses has become an important issue that many public colleges are starting to address. In college students are capable of
In order to find truth to anything, one must make multiple suggestions, ask many questions, and sometimes ponder the unspeakable. Without doing so, there would be no process of elimination; therefore, truth would be virtually unattainable. Now, in our attempts to either find truth, express our beliefs and opinions, or generally use the rights we are given constitutionally, we are often being criticized and even reprimanded. Our freedom to voice our opinion(s) is being challenged, as critics of free speech are taking offense to what seems like anything and everything merely controversial and arguably prejudice. As people continue to strive for a nation free of prejudice and discrimination, where everyone is equal, safe and
What is free speech? Does the term ‘free speech’ cover offensive words? Painful ones? Words that disrespect others? What about objectionable, or even wrong beliefs? When is speech illegal? What is exactly meant by free speech? According to Rampell, the term ‘free speech’ includes ‘hate speech’, and is therefore protected by the first amendment (np). This means that even messages we don’t like, agree with, feel uncomfortable about, or even are disgusted by, are legal. Unfortunately, many college students consider harmful words an assault, and some students believe that such verbal attacks can and should be met with violence (French np). Students and speakers today are discriminated against in classrooms and other scenes where free speech and debate should be especially cherished.
In the name of free speech, hate speech should not be tolerated. Hate speech has devastating effects on the people and communities it is targeted at. Left unchecked hate speech can lead to harmful and violent effects. Over the past few years, the effects of hate speech used on women, homosexuals, ethnic groups and religious minorities have become more and more apparent. Hate speech can be very divisive in many of the situations it is used, depending on who interprets the expression can vary how people react, due to hate speech, not being easy defend when it does not hurt that certain person or community. If left uncheck hate speech can develop into harmful narratives that remain. While hate speech is not against the law, some have begun
The 1960’s was the height of many civil rights and anti-war protests. During this time, student activist became more radical. It began mostly on college campuses when students would organize “teach-ins” to express their opposition to the Vietnam War. In 1969, the Supreme Court issued a ruling in a case called Tinker v. Des Moines. This case changed the history of America because it gave students freedom to voice their opinions. In the case of Tinker v. Des Moines, the question of whether or not the First Amendment’s free speech rights extend to students’ symbolic speech can be analyzed by examining the background, considering the arguments, and reviewing the impact.
In 1969, three young activists walked into school and were told they could not symbolically express themselves. Without these teens carrying out this simple act of rebellion, students today would lack basic rights in the school place, as they would have no outlet outside of the home to express their views. In order to understand Tinker v. Des Moines Independent School District one must examine the history behind the case, analyze the case itself, and evaluate the impacts on modern society.
Significance: The case Tinker v Des Moines broadens the interpretation of student’s First Amendment rights. The students do not shed their First Amendment right when they enter school grounds. Thus extending their right of free speech, press, etc. in their school. They have the ability to freely speak about issues in their schools, etc. However, their rights are still limited in a way their speech may not disturb the learning of
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.
To avoid disturbance and disruption and to create and maintain a safe learning environment, public schools often adopt policies that forbid certain acts on the part of students. Included in many of these policies are prohibitions on hate speech. The opinion of the court in Tinker v. Des Moines (1969) broadly stated that students retain their first amendment rights when they enter the school, but the breadth of that statement is not without limit. Schools may narrowly curtail free speech rights to the extent necessary to maintain good
The decision in this case seems to have left public school students’ free speech rights in an ambiguous state. The Justices in support of the majority opinion—Justices Thomas, Alito, Kennedy, and Scalia—were thus
The First Amendment one that is watered down, serves as example of the freedom we as Americans have. It is best known as the amendment that lets us say what we want when we want. There is more to it that gets overlooked. It blocks government from establishing a theocracy, grants the people the right to peacefully assemble and protest the government for a redress of grievances. Our press is independent and is given freedom to publish at will. Our freedoms embolden us to speak out and organize for progress and against society's wrongs. Sometimes groups will organize to speak out but will sink to extreme measures as a means of expression. The first amendment has seen challenges in recent months. “Donald Trump referred to the press, and I'm quoting his exact words, as "dishonest, disgusting, and scum."Just ten days ago, you might have heard in a press conference, President Donald Trump said that the "press is out of control."(Chemerinsky, 553). To clashes between different ideologies on college campuses with some initiating riots. The first amendment grants many freedoms, however it does not grant protection from consequence.
Usually beginning in kindergarten, students are taught how to write. Later in their school years they are taught how to improve their writing skills. In some middle schools and most high schools students are given the opportunity to write for the school’s paper. While writing for the paper students are advised to write about every day topics that relate to the student body. In college, students often write for the school paper with hope of one day becoming a journalist or paid blogger. By the time a student journalist enters college they have most likely experienced some type of censorship. I believe that Student journalist should have all the same rights as a paid journalist has and not be censored on what they can and should not say.
“Freedom of expression is a fundamental human right. It reinforces all other human rights, allowing society to develop and progress. The ability to express our opinion and speak freely is essential to bring about change in society.” Freedom of Speech grants you the right and privilege to speak your mind without facing any type of consequence . I strongly believe that censorship and the lack of free speech can and will cause a negative effect on our world.