The United States Constitution Is The Backbone Of Our Country

Every American citizen’s basic rights are protected by The Bill of Rights, however do these same rights apply to students of public schools? Students attending public schools are not protected by the rights guaranteed by the bill of rights. Aspects of the first amendment, fourth amendment, and eighth amendment do not apply to public schools. American citizen’s right of freedom of expression is a very import part of The Bill of Rights and is deprived of many students in public schools.

Constitution's First Amendment requirement that the District neither establish religion in the schools nor prohibit students’ free exercise of religion according to pertinent interpretation and application of those constitutional provisions by the courts. Any religious characters need to conform to policy 8800” (Markesan District School, 2013). “Decisions of the United States Supreme Court have made it clear that it is not the province of a public school to advance or inhibit religious beliefs or practices” (Markesan District School, 2015). Under the First and Fourteenth Amendments to the Constitution, this remains the “inviolate province of the individual and the church of his/her choice. The rights of any minority, no matter how small, must be protected. District staff members shall not use prayer, religious readings, or religious symbols as a devotional exercise or in an act of worship or celebration” (20 U.S.C. 4071 et seq.) (Markesan District School, 2015). Having examined the Markesan District School First Amendment related to this topic the next step is to conclude my research on this topic.

The First Amendment is designed to protect all citizens by giving them the right to express themselves in different ways. In doing so, we still have to be careful on how we do it. Students have the right to express themselves as long as it does not cause any disruption. In my school district, we abides by the First Amendment by not forbidding all mention of religion in the school system (Pamlico County Board of Education, 2015). The only part that is prohibited is the advancement or inhibition of religion (Pamlico County Board of Education, 2015). My school district feels that there’s nothing unconstitutional about using religious subjects or materials as long as it is in compliance to the neutrality of the education program (Pamlico County Board of Education, 2015).

“Congress shall make no law... prohibiting the free exercise thereof; or abridging the freedom of speech...”. This is what our first amendment speaks about. The freedom of speech and expression. Schools have been violating this law in the place of school dress codes. There should not be a dress code in school because it violates the first amendment, they do not support creativity and they are expensive.

School boards often do not adequately justify their reasons for denying High School Students their first amendment rights. Usually, the

Historically, legal issues regarding the grading of assignments containing religious material have come to similar decisions. In Tinker v. Des Moines Independent Community School District (1969), a group of students decided to express their views about Vietnam by wearing black armbands to school. Although the district attempted to punish them for this, the Supreme Court ruled that the students were expressing a form of “symbolic speech” and were protected by the First Amendment, as long as it did not disrupt normal school functions. Similarly, expressing views of religion in school is protected if it does not disturb the educational process. According to Haynes and Oliver (2007), students have the right to express religious beliefs “in homework, artwork, and other written and oral assignments free from discrimination based on the religious content of their submissions” (p. 65). An educator must

Tinker v. Des Moines (1969) defined that students do not lose their Constitutional rights when they enter the school. This case has helped shape school and district policies and regulations since it was handed down, including the policies of Regional School Unit #40. Other cases, such as Bethel v. Fraser (1986), have clarified that schools can punish lewd speech and language. In more recent times, several Circuit Court decisions have looked at speech on social media written outside of school, but are later brought into school through the Internet. In general, those decisions have upheld that the speech must cause a substantial disruption, or be likely to do so, for an administrator to punish the

The court case that I chose, Westside Community Schools vs. Mergens took place in 1990. A girl named Bridget, who was a senior at Westside High School in Omaha, Nebraska wanted to start a religious club for kids in her school. When she brought her idea to the principal of the school, he denied her request for a religious club, and said that it would be illegal to have a religious club at a public school. Bridget tested her principal, and the case was brought to court. Her lawsuit became the Supreme Court's test case for another big case that they were dealing with.

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.

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

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 First Amendment of the United States Constitution was designed to protect free speech, as well as to offer freedom of religion. These rights do not apply only to adults. Consequently, students have First Amendment rights in the classroom. They have the freedom to turn in papers that express their own views, even if those views are religious. Students also have the right to have their paper graded fairly, even when they turn in a religious assignment.

In the article “Tinker v. Des Moines” it talks about our constitutional rights and how someone sued the school because they were in ‘violation of their first amendment right of freedom of speech” (Freedom). The schools say we have our rights but we really don’t. They might say that but when they feel something you said is wrong they aim at punitive actions. They are taking away parts of our freedom by not letting us be able to speak what is on our mind and they should consequences for it. Also in the same article the Supreme Court got involved with the situation and said that “students and teachers don’t shed their constitutional rights to freedom of speech or expression at the schoolhouse gate” (Freedom). If they say our freedom is not shed then why do they tell us what we can and can’t say? It shouldn’t matter where we are, our rights should still be the same. Everyone should be able to be affable at school. People should remonstrate so they could truly have

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.

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