Wait a second!
More handpicked essays just for you.
More handpicked essays just for you.
Importance of students rights
Students freedom of speech
First amendment rights in schools
Don’t take our word for it - see why 10 million students trust us with their essay needs.
Recommended: Importance of students rights
Students and children have limited first amendment rights which at times subjects them to unfair treatment . Students have also fought for their rights, and few have won, but the one that have succeeded have breathed new life into students rights. An example of this is in a fiction book called Nothing But the Truth. A boy named Philip Malloy found himself fighting for his rights after singing the national anthem in a disrespectful manner during his class, which caused a major disturbance. I don’t agree with Philip’s behavior, but his case is interesting because I doubt an adult would have similar consequences. One reason why Philip had limited rights was that Philip can’t sing the national anthem during the morning announcements in his homeroom …show more content…
If the student is causing a disturbance the school can do something to the student(s).Once again firstamendmentschools.org wrote on Paragraph 1 of the Fraser Standard “in the case of Bethel v. Fraser, the Supreme Court ruled that school officials could punish high school senior Matthew Fraser for giving a speech before the student assembly that contained lewd references.”A student can give a speech but the speech must not contain rude, inappropriate, and other references that the school doesn’t want. Next up is on firstamendmentschools.org and it wrote Paragraph 2 of the Fraser …show more content…
According to ala.org on page 2 paragraph 1 “students cannot assert their First Amendment rights in a private school setting”This quote just flat out said that students don’t have first amendment rights in private schools. Then on usconstitution.net page 1 paragraph 1 a qoute says “Generally speaking, the Constitution applies equally to everyone, regardless of age, color, race, religion, or any other factor. However, minors are a special category of person, and in many cases, the rights of minors can be suppressed in ways that the rights of adults simply may not be.”Students are apparently a special category of person and don't have first amendment rights because of our age which I feel like is unconstitutional. Then once again on usconstitution.net page 1 paragraph 4 it says “The most common such violations are of the rights of students”Students rights are being violated the most which means that students have the least amount of right which is completely unfair and unconstitutional. Then another quote from usconstitution.net page 1 paragraph 5 ”In this duty of the school, many decisions can be made that are outside the normal governmental purview.”This means that the school can make decisions that are outside the normal governmental purview so basically the school can go past student’s first amendment rights.Finally one again on usconstitution.net page 1 paragraph 6 a qout states
Fraser discussed his speech with three of his teachers. Two of the teachers testified at the trial that they informed Matthew the speech was "inappropriate and that he probably should not deliver it." They also mentioned that the speech might have "severe consequences," but none of the three suggested that the speech might violate a school rule. So Matthew gave his speech, during which a school counselor observed the reaction of students. Some hooted and yelled; others appeared to be bewildered and embarrassed by the speech. A Bethel High School disciplinary rule prohibited the use of obscene language in the school: Conduct which materially and substantially interferes with the educational process is prohibited, including the use of obscene, profane language or gestures. The morning after the assembly, the assistant principal called Matthew into her office and notified him that the school considered his speech to have been a violation of this rule. The assistant principal informed Matthew that he would be suspended for three days and would be ineligible as a candidate for graduation speaker at the school's commencement exercises.
Over five years have passed since high school senior Joseph Frederick was suspended for 10 days by school principal Deborah Morse after refusing her request to take down a 14-foot banner he was displaying at a school-sanctioned event which read “BONG HiTS 4 JESUS.” Born as a seemingly trivial civil lawsuit in which Frederick sued the school for violating his First Amendment rights to free speech, the case made its way up to the U.S. Supreme Court, and the long-awaited ruling of Morse v. Frederick has finally been released. In a 5-4 split decision, the court ruled in favor of Morse and upheld the school board’s original ruling that Morse was acting within her rights and did not violate Frederick’s First Amendment rights by taking away his banner and suspending him for 10 days. The controversial decision has led followers of the case to question the future of student speech rights.
The case also states “A prohibition against expression of opinion, without any evidence that the rule is necessary to avoid substantial interference with school discipline or the rights of others, is not permissible under the First and Fourteenth Amendments” (Tinker v. Des Moines Independent Community School District). Because the students didn 't necessarily disrupt the education process, their First Amendment freedom of speech should not have been violated by the school officials.
This case involved a public high school student, Matthew Fraser who gave a speech nominating another student for a student elective office. The speech was given at an assembly during school as a part of a school-sponsored educational program in self-government. While giving the speech, Fraser referred to his candidate in what the school board called "elaborate, graphic, and explicit metaphor." After his speech, the assistant principal told Fraser that the school considered the speech a violation of the school's "disruptive-conduct rule." This prohibited conduct that interfered with the educational process, including obscene, profane language or gestures. After Fraser admitted he intentionally had used sexual innuendo in the speech, he was told that he would be suspended from school for three days, and his name would be removed from the list of the speakers at the graduation exercises.
In the Tinker v. Des Moines case, the students’ first amendment right was violated. They were not able to express their opinions freely. The first Amendment states, “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise of thereof; or abridging the freedom of speech, or the right of press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances,” (Classifying Arguments in the Cas...
He is also discriminated by his teachers and others at school due to his feelings of not participating in the national anthem “Some smart-ass. I stuck him in the corner. Thinks he can pull that shit. The kid’s got no respect, man.” (Rodriquez 19). His teacher becomes furious, because the boy does not want to say the anthem like the other students. He feels obligated to say the anthem, and many readers can relate this aspect with the United States Constitution, where every human being is supposed to have freedom of speech and freedom of assembly, but...
In this case, the court ruled that the administrators of schools can edit the content of school newspapers. This court case is just one of the many examples of how the schools are able to sway and control what their students say and what they see, which makes a big impact on the First Amendment rights of all the students who read and who have to write the newspaper. Another case that supports the research question is Bethel School District #43 v. Fraser, 1987. This case specifically points out that students do not have the rights to make obscene speeches in school.
At this point in a college freshmen’s life, they have been in school for 14 years. Throughout those 14 years, freshmen have learned the Bill of Rights like they’ve learned how to walk and the first amendment the way they’ve learned to talk. The first amendment has been engrained in a child from the first history class in 5th grade, to the fifth history class in 9th grade and the eighth class in their senior year. In those eight years, a student has the first amendment in their head to bring to college and express themselves how they see fit and how they have been socialized to do so. According to Dinesh D’Souza, Stuart Taylor and Tim Robbins freedom of speech has been inhibited and taken out by politics and political correctness and fueled heavily by the societies need for preferential treatment.
There have been many cases where exceptions have been made over the first amendment, such as in the Tinker vs. Des Moines Community School District Case. Teenagers by the name of Christopher Eckhardt and Mary Beth Tinker had planned to wear black armbands to their school to show their support for a truce in the Vietnam War. When word reached the principle, of Christopher and Mary Beth’s plan to arrive with the black armbands, the principal created a policy stating that, “any student wearing an armband would be asked to remove it, with refusal to do so resulting in suspension.” (The Oyez Project). After being kicked out of school, Tinker’s parents sued them but their case was dismissed due to the fact that the first amendment does not grant one the right to express their opinion at any place nor at any time. Another official claimed that the first amendment is not fully guaranteed to children. While the first amendment may be a boon to the United States, it is not always just. There are limitations, and conditions surrounding the first amendment and our freedom of speech. In Tinker’s case, her armband was seen as disruptive, and distracting to other students, justifying the school’s actions against the student of suspending and eventually expelling
The First Amendment, usually equated with freedom of speech, affords five protections: Establishment Clause, Free exercise of religion, Freedom of speech, Freedom of press, and Freedom to peaceable assemble. Students (and student groups) in public colleges and universities enjoy full protection under the First Amendment; however, this right depends greatly on the context in which a student might raise a free speech claim. Once an institution creates a limited public forum for a student or group, administration cannot deny recognition to particular student or groups based on viewpoints. Given the great freedom students are afforded, the freedom is not absolute. The courts have allowed administrators to place reasonable restrictions on location, time, and manner of students and groups. In Tinker v. Des Moines, the court made it clear that, students do not “… shed their constitutional rights when they enter the schoolhouse door." To strengthen the importance of free speech on campus the court said, in Shelton v. Tucker “The vigilant protection of constitutional freedoms is nowhere more vital than in the community of American Schools.” These rights allow students to be able to take courses in a wide variety of subject matter, which may include topics often considered controversial. Moreover, student must have the ability to explore and discuss those topics without fear censorship or retaliation.
Through using case laws, the First Amendment, and previous cases, Justice Abe Fortas explains the reasoning behind why the principal was not permissible. In the first two paragraphs, Fortas provides a brief summary stating how the policy banning armbands go against the First Amendment. In the following paragraph, Fortas says, “Only a few of the 18,00 students in the school system wore the black armbands.” When introducing his first argument, he supports this fact explaining how “the work of the schools or any class was [not] disrupted.” As for the fourth paragraph, Justice Fortas provides a counter argument with what the District Court said. The District Court concluded the school authorities were reasonable since it was based upon their fear o...
In the beginning, the student movement was largely influenced by the non-violence aspect of the Civil Rights movement. Colleges and universities, at that time, had a view of “In Loco Parentis” ; which means, in place of parents or in other words, the faculty and staff acted as the parents. At University of California-Berkeley , the students were frustrated with having their freedoms restricted; therefore, they started protesting. In the beginning, the University officials took away ...
In December 1965, an issue was caused by teachers’ in violating students’ freedom of speech. In December some students from Des Moines Independent Community School District, in Iowa were suspended for wearing black armbands to protest against the American Government’s war policy in support Vietnam (Richard, Clayton, and Patrick).The school district pressed a complaint about it, although the students caused no harm to anyone. Students should be able to voice their opinions without the consequences of the school district.
In the two videos provided by FIRE, certain situations where students’ basic rights were violated were shown. In the first video presented by FIRE, I was very surprised to learn that some colleges opt to control what you wear, what you post on Facebook or what you say. Instead of educating young adults, it appears that colleges nowadays are trying to babysit them in every dimension of life, including their personal online social life. One example that prominently stood out to me was Hayden Barnes’ story, in video two. Hayden Barnes found himself in deep trouble with the school when he decided to speak out against an overpriced project that the school had decided to complete, by using student fees. This situation shows exactly why organizations like FIRE are needed. Students in certain schools have little to no verbal opinion on what happens at their school. There are certain things you’re allowed to say, and certain things that you are not allowed to say. Whatever happened to freedom of speech and does it exist on college campuses?
Students’ rights in schools are limited or just taken away. Kids are forced to do whatever the officials at their school, either the principal or the teachers, tell the students to do. One of the main right that gets taken away or limited is students’ first amendment rights, which is the freedom of expression. Students can gets suspended by just doing things the staff at the school does not like, including saying things that they don 't like or supporting a religion that the school does not support. Also, if something is said about the school or the people attending the school is said on social media that student can also get in a lot of trouble. Students should be able to have more first amendment