The Importance Of The Right To Free Speech

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

Should schools have the right to limit students' freedom of speech? This essay will be exploring the idea of limiting students' online speech outside of school, and how that affects students' school days, events, opportunities and more;

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.

An example of this was when a student was suspended for making a rude MySpace profile about her principal however the suspension was found unconstitutional as she did it on her own time (Doc D), another example of this is when a student made a hate website directed towards one of her classmates but was given a minor slap on the wrist as any further action was found to be unconstitutional (Doc C). This further proves that limiting a students’ freedom of speech is unconstitutional it also proves that if given the power schools would most likely pick legal battles they could not

In Des Moines, Iowa in 1968, three students arrived at their schools wearing black armbands symbolizing their thoughts on the United States being involved in the Vietnam War. The principal of each school quickly created a policy banning the armbands. This soon led to the suspension of the students from school. A lawsuit was filed on behalf of the students that eventually made its way all the way up to the Supreme Court. The fact that the schools were regulating the children’s freedom of speech is wrong and unconstitutional.

In the pursuit of education, students strive to learn and develop their understanding of the world that surrounds them. Accordingly, it is the responsibility of the school administration to provide the means to that end. Yet, there is a polarized divide among schools and their interpretation of freedom of speech. This occurrence is experienced primarily at the university level but can be seen at all levels of education. At the epicenter of this dispute is the notion of censorship, specifically whether or not it is feasible to restrict what can and cannot be said by faculty and students alike. Advocates of freedom of speech assert that censorship violates our First Amendment right, a liberty that is inalienable. Proponents also argue that

All around the country, colleges and universities are increasingly punishing or censoring students who engage in offensive speech. Concerns indicate that a failure to act will lead to liability under federal anti-discrimination law. In many instances, the possibility of liability is weak or non-existent. “Except in the most extreme circumstances, schools are not required to expel students for their speech in order to avoid liability.” Instead, schools are punishing students for their demonstrations of free speech if it opposes the “safe space” and inclusive environment that colleges and Universities have been trying to promote. (Papandrea)

Tinker, 393 U.S. at 511. Thus, discomfort, hurt feelings, embarrassment, or disapproval of an unpopular viewpoint do not justify a school’s restriction of silent, passive expressions of student speech. Id. See Emmett, 92 F. Supp. 2d at 1090 (holding that a student cannot be suspended for non-school sponsored website featuring mock obituaries on the basis of fear of disturbance); and Tinker 363 U.S. at 512 (finding that a school cannot restrict students’ free speech to avoid discomfort and unpleasantness of an unpopular viewpoint when the school suspended students for wearing black armbands to protest the Vietnam War); and J.C., 711 F. Supp. 2d at 1107 (finding that a school cannot suspend a student over a YouTube video because of a teenager’s hurt feelings, rather it must be something more than “ordinary personality conflicts”); and Burge, 92 F. Supp. 3d at 1060 (holding that a teacher’s upset or angry feelings about a student’s comments on Facebook, such as “she should be shot,” was insufficient for a substantial disruption). Any words spoken in class, the lunchroom, or on campus that deviate from the majority can cause a disturbance, but the Constitution asserts it is imperative that students’ take the risk of voicing unpopular opinions.

Although the First Amendment protects citizens in many ways, there are some exceptions to these protected rights. A conflict arose in the Morse v. Frederick court case in 2007, when a student was seen with a banner promoting drug use at a school event. Deborah Morse, the principal, took the banner from the student and suspended the student from school. The student, Joseph Frederick, believed that the school violated his right to free speech. When the case was settled, it was decided that the students rights were not violated by the school (“Facts”). The court decided that “ Schools can regulate speech that conflicts with school anti-drug policies, or similar school policies, even if the speech doesn’t directly disrupt the educational process, such as at a school-sponsored event” (“Your 1st”). Although the First Amendment is the most important when it comes to civil rights, this case demonstrates that the protections guaranteed by the Bill of Rights are not

Depending on who you are and what you're viewpoints are this case is very controversial, That being said, it's a perfect case to look into. A student by the name of Matthew N. Fraser was suspended from school for three days. This was because he delivered a “provocative or obscene” speech to his fellow classmates. The student saw this as a issue or a violation of his right to freedom of speech. He was speaking at a public assembly when his peers and teachers saw that his words were indecent and unnecessary. So he decided to take this to the supreme court and when this happens the Court had ruled that this was not in violation of his rights so he was suspended for three days. Yes he did take this case to the Court but he was not able to win

As some colleges are consider placing speech codes and regulations on campus because of allegations concerning racist speech and harassment. There are some, such as, Cinnamon Stillwell and Charles R. Lawrence III, who are in favor of speech codes because they consider some of the actions a form of harassment. While others, such as, Harvey B. Silverglate, Greg Lukianoff, and Howard M. Wasserman opposes the codes and regulations because they insist that no matter how profane the speech, it is still protected under The First Amendment. Although there are legitimate concerns for implementing speech codes, these codes should not be placed on their student’s speech because they not only violate The First Amendment, but also promote the administrative abuse of power, along with causing students to self-censor their speech, while teaching them to hide and or suppress their unpopular beliefs.

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.

I am writing this letter with concern to two of the amendments written on the US constitution.

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