Your Honor, I rise in favor of NYC, I believe it was constitutional for New York City to arrest Student for Peace. In the “Celebrate Lower East Side Day” in Tompkins Square Park, the festival was meant for the the diversity, creativity, and community in the Lower East Side, but the Student For Peace did the complete opposite. Student for Peace put up graphic photos that were inappropriate for children. When parents complained about the photos to take them down they didn’t obey. The recruiters tried to stop it from being dangerous but it caused more chaos. The Students for Peace were shouting at the recruiters. When the police came they asked them to leave but they refused.The Student for Peace didn’t seem to make peace. So the police …show more content…
Board of Education it was about rights of an individual compared to many. Student for Peace is a small group of people that are just causing a danger in a park. In the United States everyone has a right to the 1st Ammendment. People doesn’t want their rights to be violated because of a small group of people.
It wasn’t the right time or place for the Student for Peace to start a riot. If a person is charged or arrested for doing something it matters what time and where was it done. In Schenck v. United States (1919), Justice Holmes stated, “What someone is constitutionally allowed to do depends upon the time and place in which it is done.” This quote means that if someone is allowed to do something it all depends on what time or place it was done. For example, a person can’t just yell Fire in a crowded movie theater if there isn’t actually a fire. That would’ve caused a lot of chaos that can cause injuries and also death. It all depends on the time and place. This applies to Student for Peace because it was a park and there was a festival. In the park there are supposed to be kids Student for Peace were handing out graphic photos that were inappropriate for kids. Even if kids didn’t take the flyers, in festivals flyers are all over the place like the ground. So, kids can eventually see it. Also, it was a festival to be a community not to fight.
Student for
All around the world, the United States is known for its freedom and rights set up by the constitution. In “United States Supreme Court majority Opinion,” by Chief Justice Abe Fortas, “United States Supreme Court dissenting opinion,” by Justice Hugo Black, and a transcript radio interview with law professor Catherine Ross it explains that school children were suspended for peaceful protesting and their opinions on the outcome of the court case Tinker v. Des Moines Independent Community School District. While all the arguments were presented with evidence, the argument best presented was in the passage by Chief Justice Abe Fortas and in the the radio transcript. This is because of the use of ethos, logos, and pathos.
Court Decision(s): The Court ruled in favor of the students. In accordance with the First Amendment, their actions were constitutional. It was not disruptive, nor did it invade other’s rights. However, this did not give unlimited freedom of speech to the students. As long as they continued the “peaceful” protesting without causing distractions, they could continue.
They couldn’t remove the protesters because there weren’t doing anything wrong. After seeing the student’s actions the NAACP(National Association for the Advancement of Colored People) had a unanimous vote to support the non-violent
“We live in a dangerous world and we have a few good options, but the worst option is to do nothing.” Allan Trumbull. From the year 50 BCE till the year 200 CE, the empire prospered, as it slowly began to fall apart. Some of the reasons for the “Fall of Rome” were because of its internal problems due to Rome itself as others were external.
In this text, the case hinges on whether the students created a disturbance. There was a fear that they might create one, but since they never did, the court held that their self-expression was protected.
The principal suspended the students until the end of the protest. The Tinker’s sued the School District for violating their freedom of expression right.
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.
Numerous times, protests start off as untroubling. In fact, they are beneficial to a certain extent, for they “provide a vent to society and also allow governments to understand better the issues their citizens are facing” (UN News Centre 2012). However, often these protests cross this blurry line and are rendered violent, causing danger to the American people. A recent example of a protest transforming into a riot was the Anti- Trump protest in Portland. These protests started off as being peaceful and allowed the protesters to express their opinions on the issue. However, the protesters eventually became so invested in the matter that it quickly mutated into a riot with people smashing windows, kicking cars, and vandalizing buildings (USA TODAY 2016) .This rapid change from peace to violence is a result of the blurry line between what is considered peaceful and what is considered violent. Due to the few restrictions on both the right to petition and assemble, what is perceived as violent is open to interpretation. More specifically, the protesters may not have deemed that kicking cars and smashing windows was violent; thus, they proceeded with these clearly dangerous activities anyways. Since the unlimited nature of both of these rights leaves a massive gray area in regards to what is
One of the first displays of peaceful demonstration were the bold actions of several TSU students who went to went to a local white only lunch counter and held a sit in. The sit ins that took place proved to be most effective at attracting attention of white customers as well as police. Certain later instances went as bold as to get themselves arrested to make a larger statement. For example, when the students weren’t getting enough attention from the police for defying movie theater rules, they resulted to screaming fire or something of
One of the main issues is a student’s right to free speech. This was brought to everyone’s attention back in 1943 in
As the First Amendment protects the freedom of speech to all Americans, there needs to be some sort of limit on when students go overboard. There are many different types of speech in which it can cause disruptions in the classroom when teachers and students state their own opinions that don’t always go with what the others agree with. Things such as the place of where they speak these things are affective to whether their claims are legal or illegal on any school campus. When students cause a disruption, even across the street from a school supervised event while promoting illegal drug use like Joseph Frederick did, it needs to be stopped as soon as possible whether it goes against the freedom of a student's speech or not.
So a couple kids decided to wear the black armbands to school. The Des Moines school district found out about the protest. Since they created the protest the district made a policy to make the kids remove the armbands. And the students the chose to still wear them would be punished by being suspended. And two of the kids did, Mark Tinker and Christopher Eckhardt so they were suspended. The students felt their first amendment rights were being violated. Iowa civil liberties union went to the family and the American Civil Liberties Union agreed to get involved and help with the lawsuit. And the united states district court ended up siding with the school and the united state court of appeals for the eighth circuit tied in their decision so the school decision stayed as is. The case was then taken to the supreme court. The court’s decision was 7-2 and the kids won the
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Despite their opinions, free speech was a great way in this situation for students to rally together and publically inform the rest of campus of their beliefs. In the school newspaper, The Daily Emerald, CJ Ciaramelle wrote “About 300 students from across the campus community — student unions, Greek Life, the ASUO, the Survival Center, the Women’s Center — showed up at the meeting to protest the Forum” (1). Although the majority of people protested against the forum the right to free speech, it is important because it allows students to make decisions on their own and invite students to do the same.
Forcible removals implemented by the police-obedient to direct orders from officials, are based upon laws of that particular state. Freedom of speech does not mean planting yourself as a seed upon the lawns of a privately owned land, as has been the case for forcible removal of undeterred protestors camped out on privately owned Zuccotti Park. The park protestor’s research must have been poorly done. Most recently, the United Nations has stepped in to say that the United States government is mistreating demonstrators by removing them from protest areas. Incredibly, the happenstance of an event is inviting unsolicited comments from allies in other countries.