Tinker V. Moines Pros And Cons

711 Words2 Pages

Sidney and Susan have found themselves in a volatile situation. They seem to already have contemplated the fact that this could get out of control if not handled correctly. With the students wearing shirts that have offensive language on them, the administration should make a decision to act upon this with more than a desire to avoid discomforting circumstances, but to act in loco parentis, and guide students to becoming respectable members of society.
With many different options, what is the correct course of action to keep the students in class, and the parents out of the board room citing issues such as First Amendment free speech suppression and denial of due process? Is allowing the students to wear the shirts the right thing? Administration …show more content…

The text “GOODBYE RHS: BURN IN HELL”, is an offensive statement. According to Roth v. United States: “Material may be determined to be obscene… if it is on the whole offensive to the average person under contemporary community standards” (Roth). “BURN IN HELL” is considered to be a very antagonistic statement. By the definition set forth in Roth, this would be offensive, therefore disruptive by its very nature, which can connect this scenario to the Tinker case. The opinion of the Court in Tinker v. Des Moines was read by Justice Fortas: “Clearly, the prohibition of expression of one particular opinion, at least without evidence that it is necessary to avoid material and substantial interference with schoolwork or discipline, is not constitutionally permissible” …show more content…

Student rights are more arbitrary though, and are situational. “The non-absolute nature of free speech and expression can be circumscribed for society, in general, as follows; (1) Incitement of disruption and breach of peace; (2) Defamation; (3) True threats of violence and fighting words; and (4) Obscenity” (Alexander 409). Because of the “fighting words”, or threatening language of: “BURN IN HELL”, the prohibition of the shirts would not violate the student’s First Amendment rights. Those words could also be categorized as obscenity. Fraiser sets in place guidelines that reinforce the fact that free speech is not guaranteed. This case’s decision stated that the school has been charged with inoculating the doctrine of “habits and manners of civility as values”… “indispensible to the practice of self-government” (Alexander

Open Document