Ben's T Shirt Case

418 Words1 Page
bulb-icon

Recommended: Thomas jefferson speeches for freedom

The reason why the justices argue about whether Ben’s t-shirt was speech is because some of them believe that the message and symbols on one’s clothes are not speech, and they believe that those messages and symbols are simply one personal interest of what to wear, and it is not related to speech at all. They have to clarify what is speech; otherwise, they cannot define whether the first amendment protects it or not. Also, some justices believe that the message and symbol on Ben’s T-shirt is basically more related to cultural speech which is our daily lives, and they also think that cultural speech is not as important as political speech; thus, they think that even though Ben’s T-shirt is a way of expressing his speech, since it is cultural speech, it is not protected by the first amendment as well. However, in fact, cultural speech is just as important as political speech and is also protected by the first amendment.

Show More
Related

  • Boroff V Van Wert City Board Of Education Summary

    1342 Words  | 3 Pages

    In a case similar to Fraser, a student was sent home twice for wearing a Marilyn Manson t-shirt with a three-faced Jesus on the back. The t-shirt also referenced biblical statements that were deemed inappropriate and disruptive to the learning environment. The court found that the school had the right to impose action for words or phrases that were considered vulgar and offensive. Just as with the Fraser case, the ethical significance is that students do not have the right to wear articles of clothing that depict messages or images in an offensive, public manner.

    Read More

  • The Tinker V. Des Moines School District Case

    1304 Words  | 3 Pages

    We, all, have the opportunity to voice our opinion on subjects that matter to us. The First Amendment grants us freedom of speech and expression. However, this was not provided to all students in 1968. During this time, there were three students in Des Moines, Iowa, who wore black armbands to school. These armbands were a symbol of protest against the United States involvement in the Vietnam War. After the Des Moines School District heard about this plan, they instituted a policy banning the wearing of armbands, leading to the suspension of students. A lawsuit has been filed against the Des Moines School District, stating how this principal goes against the students’ First Amendment rights. Thus, in the Tinker v. Des Moines Independent Community School District case, Justice Abe Fortes determined the policy to ban armbands is against the students’ First Amendment rights. Yet, Justice Hugo Black dissented with this decision, determining the principal is permissible under the First Amendment.

    Read More

  • Examining the Modern Day Relevance of the Bill of Rights

    1620 Words  | 4 Pages

    Amendment 1 [2010] Congress will make no law that restricts people’s religious beliefs, right to express themselves in public and private peaceably, or ability to petition the Government for settling of grievances. Answering the question of today’s relevance, this is absolutely relevant. The people of a nation must be able to express themselves and have open discussions, peaceably and in public. The phrasing of expressing themselves has much wiggle room and I am sure all our present day decency laws and other laws protecting people from harm would spell out case law for the settling of future court cases.... ...

    Read More

  • The Supreme Court Case Of Texas V. Johnson And The Freedom Of Speech

    1782 Words  | 4 Pages

    Is the upholding of the American flag as a symbol of the United States more important than the freedom of speech provided by the First Amendment? Are there certain freedoms of expression that are not protected under the First Amendment and if so what qualifies as freedom of speech and expression and what does not? The Supreme Court case of Texas v. Johnson proves that the First Amendment and the freedom of speech are not limited to that of spoken and written word, but also extended to symbolic speech as well. Texas v. Johnson is a case in which the interpretation of the First Amendment rights is at the top of the argument. This case discusses the issue of flag burning as a desecration of national unity and that the flag of the United States should be protected under a law. Texas v. Johnson expanded the rights of symbolic speech and freedom of expression under the First Amendment and was presented as a precedence for future cases along with influencing the final decision on the revision of

    Read More

  • Terminiello v. Chicago

    573 Words  | 2 Pages

    Justice Jackson's disagreement on the ruling of the Terminiello case is supported by many historical examples which demonstrate that freedom of speech is not an absolute right under the law. Although Terminiello had a right to exercise his right under the First Amendment, had the majority carefully considered this principle it should have rejected his claim. In this case, the majority's treatment of Terminiello's case skirted the real issue and did not benefit from true constitutional interpretation.

    Read More

  • Essay On Tinker V. Des Moines Independent Community School

    687 Words  | 2 Pages

    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.

    Read More

  • Flag-Burning is No Crime

    1153 Words  | 3 Pages

    "The words of the first amendment are simple and majestic: 'Congress shall make no law abridging freedom of speech.' The proposed constitutional amendment would undermine that fundamental liberty."

    Read More

  • We are Free to Be You, Me, Stupid and Dead by Roger Rosenblatt

    1178 Words  | 3 Pages

    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.

    Read More

  • Texas v. Johnson Argumentative

    691 Words  | 2 Pages

    To this day, Americans have many rights and privileges. Rights stated in the United States constitution may be simple and to the point, but the rights Americans have may cause debate to whether or not something that happens in society, is completely reasonable. The Texas v. Johnson case created much debate due to a burning of the American Flag. One may say the burning of the flag was tolerable because of the rights citizens of the United States have, another may say it was not acceptable due to what the American flag symbolizes for America. (Brennan and Stevens 1). Johnson was outside of his First Amendment rights, and the burning of the American flag was unjust due to what the flag means to America.

    Read More

  • 'Protecting Freedom Of Expression On The Campus' By Derek Bok

    1024 Words  | 3 Pages

    "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

    Read More

  • The Importance of The Bill of Rights in Society Today

    621 Words  | 2 Pages

    The Amendment I of the Bill of Rights is often called “the freedom of speech.” It provides a multitude of freedoms: of religion, of speech, of the press, to peacefully assemble, to petition the government. Religious freedom is vitally important to this day because it eliminates the problem of religious conflicts. Historically, many people died for their beliefs because their government only allowed and permitted one religion. T...

    Read More

  • Essay On Flag Desecration

    1373 Words  | 3 Pages

    ...the First Amendment, and people have the right to execute this right. This coincides with the three Supreme Court decisions. In Goguen v. Smith due process allowed Goguen to exercise his ability to wear a flag. In Texas v. Johnson the Court had to make a difficult decision between the nation’s symbol, and a citizen’s right to protest government. And finally in United States v. Eichman the Texas v. Johnson was reaffirmed, and the people’s rights secured.

    Read More

  • Censorship In School Dress Code

    897 Words  | 2 Pages

    Censorship even extends to school dress codes. A school dress code is a set of rules about what clothing may or may not be worn in schools. As previously mentioned, a set of criteria are used to determine whether or not student expression should be censored in schools. For censorship involving dress codes, there are two: the “Tinker disruption standard” and the “forum issue,” which determine if student expression disrupts the school day and by who it is regulated, respectively (Emert). One case involving censorship of the school dress code was of a boy who violated his school’s dress code (Nguyen). Zachary Guiles, a thirteen year old boy, had to cover up his shirt denigrating former President George W. Bush, which violated his First Amendment rights (Nguyen). The shirt showed President Bush’s head on a chicken with derogatory names. It had images of oil rigs and lines of cocaine (Nguyen). A student, who had opposite views as Guiles, notified the administration of the shirt (Nguyen). Guiles was sent home on May 13, 2004, when he didn’t cover up the shirt after being asked to. The next day, Guiles’ wore the shirt, which was covered with tape and the word ‘censored’ was written on the tape (Nguyen). The school which Guiles attended, Williamstown Middle High School in Vermont, said that the shirt violated the dress code. Guiles’ parents felt that their son’s “rights to engage in political speech” were violated, and they sued the school (Nguyen). Guiles did not win the lawsuit in December 2004, when the US District Court for Vermont ruled in favor of the school, saying the images were “’plainly offensive and inappropriate’” (Nguyen). Guiles appealed, and the Second Circuit court ruled that the images were not offensive an...

    Read More

  • Persuasive Essay On The First Amendment

    1303 Words  | 3 Pages

    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

    Read More

  • Sigma Chi Fraternity Case Summary

    628 Words  | 2 Pages

    The test qualified the speech as expressive because there was an intent to give a message that could be picked up on by the conduct and circumstances around the speech. Additionally, the court cited Texas v. Johnson again to show that First Amendment protections prevent the government from punishing expressive content just because it disapproves of what is being said. This ruling defeated the institution's argument that the speech was not protected because it was “mindless

    Read More

More about Ben's T Shirt Case

Open Document