Youth and the First Amendment Many freedom of speech and expression issues that receive media attention have to do with the adult population and what they feel their rights are. What many fail to recognize is the fact that the youth today are also dealing with freedom of speech and expression issues in their own lives. The freedom of speech and expression issues that young people deal with are just as important and are handled in the same manner as any other freedom of speech issue. Three articles from The Associated Press deal with freedom of speech and expression of middle and high school aged young people. These articles shed light on what types of First Amendment issues the youth today are dealing with. In one article students were punished by the school for passing out candy canes at school that had religious messages attached. This has become an issue of freedom of speech for these high school students. They feel as though they are not able to express their beliefs in school because it violates school rules. At this particular school students are not able to pass out anything unless it relates to a school activity, or to the curriculum (www.freedomforum.org/templates/documentID=17463). The passing out of candy canes and religious messages was in violation of the school’s rules. This case proposes a couple of problems. The students want to be able to express themselves through the religious messages attached to the candy canes. They claim that because they handed the candy canes out at a time when it did not interfere with class it was not inappropriate. Because these students were prohibited from handing the candy canes out they feel as though their right to freedom of speech rights have been violated. ... ... middle of paper ... ...pertain to individuals of a certain age and that makes it unique. Not only do young people have these rights, but also they are aware of them. Many students know their rights and they exercise them daily. In each of these cases the students are fighting for their rights and what they believe in. Works Cited Associated Press. “Students Suspended For Passing Out Candy Canes Sue School.” Freedom Forum. (January 2003). 28 Jan. 2003 http://freedomforum.org/templates/document.asp?documentID=17463 Associated Press. “Students Told to Remove Confederate Clothing.” Freedom Forum. (October 2002). 28 Jan. 2003 http://freedomforum.org/templates/document.asp?documentID=17162 Associated Press. “Oregon Teen Expelled Over Off-Color Web Sites Sues School.” Freedom Forum. (January 2003). 28 Jan. 2003http://freedomforum.org/templates/document.asp?documentID=17492
This is a case of great importance because it addresses the issue of the broadness of the First Amendment as well as student’s freedom of speech rights being limited based on vicinity and because they are students. From this case it can be concluded that the courts were indecisive in their decision making process and that they will continue to interpret the First Amendment to their suiting and not as it is written. Finally, schools do need to have the right to enforce policies that are beneficial to the students.
Everyone in America, from adults to students have freedom of speech. This freedom is provided by the first amendment. In the case Hazelwood v. Kuhlmeier, students fights for the freedom of speech in their school newspaper. One side of the case was three students who thought their free speech was violated and the other side was the principal defending the school. After the court's decision, this case had a big impact on the school and many other people. Hazelwood v. Kuhlmeier talks about students not giving up their freedom of speech in a school setting.
The First Amendment of the United States gives citizens the five main rights to freedom. Freedom of speech is one of the rights. If people did not have the freedom of speech there would be no way of expressing one’s self and no way to show individuality between beliefs. This Amendment becomes one of the issues in the Tinker v. Des Moines Independent Community School District Supreme Court case that happened in December of 1969. In the case of Tinker v. Des Moines there were five students that got suspended for wearing armbands to protest the Government’s policy in Vietnam. Wearing these armbands was letting the students express their beliefs peacefully. Many people would consider that the school did not have the authority to suspend these petitioners because of the First and Fourteenth Amendments of the United States Constitution.
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 world today, Freedom of Speech is taken to a different level than what one may imply verbally. With social media, political debates, and the outpour of sexual orientation the First Amendment is exercised in its full capacity. Protecting Freedom of Expression on the campus is an article written by Derek Bok expressing his concerns regarding the display of a confederate flag hung from a window on the campus of Harvard University. The Confederate flag to some is a symbol of slavery and to others it is a symbol of war, or perhaps known as the “Battle Flag”. In this paper one will review Bok’s opinion of the First Amendment, clarity of free speech in private versus public institutions and the actions behind the importance of ignoring or prohibiting such communications according to the First Amendment.
Separation of church and state is an issue in the forefront of people’s minds as some fight for their religious freedoms while others fight for their right to not be subjected to the religious beliefs of anybody else. Because public schools are government agencies they must operate under the same guidelines as any other government entity when it comes to religious expression and support, meaning they cannot endorse any specific religion nor can they encourage or require any religious practice. This issue becomes complicated when students exercise their right to free speech by expressing their religious beliefs in a school setting. An examination of First Amendment legal issues that arise when a student submits an essay and drawing of a religious
Wheeler, David R. "Do Students Still Have Free Speech in School?" The Atlantic. Atlantic Media Company, 07 Apr. 2014. Web. 10 Apr. 2014.
The First Amendment Center conducts a national annual survey on the First Amendment. “Americans clearly have mixed views of what First Amendment freedoms are and to whom they should fully apply. To me the results of this year’s survey endorse the idea of more and better education for young people - our nation’s future leaders - about our basic freedoms.” (Gene Policinski, VP and executive director of the First Amendment Center 2007)
Benjamin Franklin once said, “Without freedom of thought, there can be no such thing as wisdom; and no such thing as public liberty, without freedom of speech.” Indeed, free speech is a large block upon which this nation was first constructed, and remains a hard staple of America today; and in few places is that freedom more often utilized than on a college campus. However, there are limitations to our constitutional liberties on campus and they, most frequently, manifest themselves in the form of free speech zones, hate speech and poor university policy. Most school codes are designed to protect students, protect educators and to promote a stable, non-disruptive and non-threatening learning environment. However, students’ verbal freedom becomes limited via “free speech zones.” Free Speech Zones are areas allocated for the purpose of free speech on campus. These zones bypass our constitutional right to freedom of speech by dictating where and when something can be said, but not what can be said.
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.
Freedom of speech has been a controversial issue throughout the world. Our ability to say whatever we want is very important to us as individuals and communities. Although freedom of speech and expression may sometimes be offensive to other people, it is still everyone’s right to express his/her opinion under the American constitution which states that “congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or the press”. Although this amendment gave people the right express thier opinions, it still rests in one’s own hands as how far they will go to exercise that right of freedom of speech.
Staver, Mathew D. "Allowing Religious Expression in School Protects Students' Rights." Students' Rights. Ed. Jamuna Carroll. San Diego: Greenhaven Press, 2005. Opposing Viewpoints. Rpt. from "New Federal Guidelines a Real Blessing for Public Schools." Liberator Mar. 2003: 1-4. Opposing Viewpoints in Context. Web. 19 Nov. 2013.
College campuses have always been the sites where students can express their opinions without fear. There have been many debates about the merits of allowing free speech on campus. Some students and faculties support allowing free speech on campus, while others believe that colleges should restrict free speech to make the college’s environment safer for every student. Free speeches are endangered on college campuses because of trigger warning, increasing policing of free speech, and the hypersensitivity of college students.
"Protecting Freedom of Expression on the Campus” by Derek Bok, published in Boston Globe in 1991, is an essay about what we should do when we are faced with expressions that are offensive to some people. The author discusses that although the First Amendment may protect our speech, but that does not mean it protects our speech if we use it immorally and inappropriately. The author claims that when people do things such as hanging the Confederate flag, “they would upset many fellow students and ignore the decent regard for the feelings of others” (70). The author discusses how this issue has approached Supreme Court and how the Supreme Court backs up the First Amendment and if it offends any groups, it does not affect the fact that everyone has his or her own freedom of speech. The author discusses how censorship may not be the way to go, because it might bring unwanted attention that would only make more devastating situations. The author believes the best solutions to these kind of situations would be to
school goes against the First Amendment, whether it's in the classroom, over the loud speaker, or