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The first amendment
Schools have policies and procedures
First amendment freedom of speech
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We as students have many rights at school, a lot of these rights protect us from school rules and punishments. One of these rights is the first amendment right, which is freedom of speech. Freedom of speech includes the right not to speak or respond, maybe to a teacher or administrator, it also gives you the right to use offensive words and phrases if conveying a political message. This amendment also overlaps into dress code giving us the right to express ourselves, especially about a political opinion. One right that does loose lots of ground is privacy. Sadly, getting searched is legal, although there are rules to it, the school administrator must address why they are searching you and have reason to believe that you have broken a school
rule. Although your phone is much different. The school does not have the right to search your phone, unless you signed a waiver saying they can. Another section to our school rights is our clothing. The school does have the right to dress code you if they have a reason and that the rule you are supposedly breaking is reasonable, this rule cannot include you expressing a message, you have the right to express a message even through your clothing. Ms. Vonderhaar, assistant principal at Amboy Middle School, had some information to add, “I do want students to express themselves,” said Ms.Vonderhaar although she did have some other stuff to add that wasn’t all for the students. “We want to see your faces… hats block your face from cameras also.” As you can see the school does have rules on our clothing bur are backed by reasoning. Your school probably has rules, but you do have rights and are protected by these rights from certain rules and restrictions.
In the landmark case Tinker v. Des Moines Independent Community School District (1969), John Tinker and his siblings decided to openly protest the Vietnam War by wearing black armbands to school (Goldman 1). The school felt that their efforts to protest the war disrupted the school environment. “The Supreme Court said that ‘in our system, undifferentiated fear or apprehension of disturbance is not enough to overcome the right to freedom of expression.’ School officials cannot silence student speech simply because they dislike it or it is controversial or unpopular” (FAQs 2). What about theatrical performance? Should certain plays not be performed at school because of inflammatory content? Theatrical performance plays a significant role during various years of a child’s youth, but, alone, has one central aim that allows for tolerance and multifariousness within the “salad bowl” United States. High school theatre arts curriculum’s purpose is to develop appreciation of the doctrines, perspectives, principles, and consciousness of diversified individuals in distinctive epochs throughout history as conveyed through literary works and theatre. If theatre has this sort of impact, why does the school administration, teachers, parents, even the state government, infringe upon the student body’s First Amendment rights? Schools should make no policy that would chastise a student for speaking their mind or expressing oneself, unless the process by which they are expressing themselves meddles with the educational methods and the claims of others. If a student threatens another student under “the right” of being able to speak freely, one would hope a school would take immediate action before potential harm occurs. The First Amendment clearly 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 of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.” In reference to students and a school environment, the definition of freedom of speech and expression becomes very unclear as to what they can and cannot say.
On the other hand, students have the right to speak out for what they believe in without having any interference; they have the right to voice their opinion. This protection is all due to the first amendment protection. The first amendment protects the students and also the teachers’ freedom of speech, that includes during and out of school. With the protection of the first amendment no person is able to violate your right to freedom of speech. Any pers...
The case specifics involve a student who made a provocative speech to the school body and received a three-day suspension. The schools yet again where given the right to violate his first amendment rights by not letting him give the speech which is not justifiable because the first amendment is supposed to give him all the rights that would allow him to make that speech. One huge case that involves vast majority of most students is the case named Board of Education of Independent School District #92 of Pottawatomie County v. Earls 2002.
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
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
Free speech and free press under the constitution are vital components of the democratic process in America. As a general statement, the guarantee of freedom of expression applies the same to every citizen and includes people of any color, age, race, religion, or other distinguishing factors Private elementary, high schools, and colleges are exempt from violations of student rights because they are at liberty to set their own standards. Generally speaking, public elementary, high schools, and colleges are covered by the first amendment. Moreover, public school administrators have considerable latitude for making determinations about freedom of speech issues that affect the school, and the individual student’s right to expression. As a result, the rights of free speech and free press do not always apply to children when they are attending public schools. At public elementary and high schools, children are in a special category known as loco parentis. The definition of this Latin phrase means that the school is acting as a parent while children are attending school. School officials are allowed to make judgments that supersede the general rights of children as citizens, because they are acting in a parental role.
Yes, I do know that even with school searches people bring all types of things on to school campus no matter if they get caught or not. I feel as if the students do have the right to refuse if they are searched or not because the fact of them being a minor and the fact that as a kid we get into places where we don't always know the right answer or way to go so we agree to things we might not understand. I also feel that if law enforcement has to have probable cause the school bored should have probable cause as well. " school officials.... are not required to advise students that they have a right to refuse consent to search .... or rise discipline." (Ellenberger 32) Some schools have all different policy's and rules to telling students their rights to refusing anything because they are dealing with more minors then with legal adults. Secondly, many parents get concerned about their children being in schools that don't have searches. " Parents and students fear that they will be in class with other students who are under the influence." (Robison) The parents and students feel that having school searches will help eliminate the drug and alcohol use in or during school hours. Lastly, most school bored are just looking for a safe environment for their students and staff to come to for eight
The Bill of Rights was crafted in 1791 by James Madison. It was put in place to protect the rights of all people within the borders of the United States when it is applied by the government. It is a very important document that means a lot in the hearts of Americans.
The author main purpose is to inform the reader about school uniforms not letting students have the freedom of expression. In the article the author gives a good amount of rights that are in the constitution that lets Americans have rights in expressing their self’s in schools.” The First Amendment of the US Constitution guarantees that all individuals have the right to express themselves freely. The US Supreme Court stated in Tinker v. Des Moines Independent Community School District (7-2, 1969) that "it can hardly be argued that either students or teachers shed their constitutional rights to freedom of speech or expression at the schoolhouse gate." (US Supreme Court, Tinker v. Des Moines Independent Community School District, law.cornell.edu, Feb. 24,), (1969NorthJersey.com, "Editorial: Do Uniforms Make Better Students?," northjersey.com, Sep. 29, 2011).
The majority of schools that engage in searches have the student’s safety at heart. Whether that is protecting students from each other or themselves. Searches are a rude invasion and “students lose privacy by having to submit to locker searches”. Students that are innocent feel as though they are taking the fall for the few students that actually partake in wrong-doing and are upset by the invasion. Even if it is legal to search a student’s locker as “schools own their lockers and therefore have the right to that property”, it can feel shameful for others to rummage through your items. This invasion of privacy is an embarrassment to the students that have to put up with
For example, if one was to misuse or vandalize a classroom desk (which is the school’s property), they will suffer consequence. “...the school environment requires an easing of the restriction to which searches by public authorities are normally subject. School officials, therefore, do not need probable cause or a warrant to search students,” as stated on asdc.org. In continuation, schools have legitimate reason to conduct a search, and can’t be denied this authority, as it is a part of their job to protect their students and faculty. In fact, many schools reserve the right to searching lockers before anyone can protest. “Students are responsible for the locker that was assigned to them, and can be held responsible for the contents of that locker,” as described on grantieschools.org. This right to search lockers helps to stop the flow of dangerous materials on the school
Students claim that requiring them to wear mandated uniforms deprives them of their ability to freely express themselves through their choice of dress. However, freedom of expression does consist of the rights to freedom of speech, assembly, and to petition the government, but the first amendment does not grant people the right to act any way they want without actions taken. Numerous schools have a straightforward dress code policy enforced. If these policies are violated, then the students could face consequences for their
This essay is about the stance I take on grading a student’s essay about their hero Jesus and displaying their pictorial portrayal of him in the Last Supper in the classroom while taking into consideration the legal ramifications that could arise from this situation in the classroom from the other students that may find the picture to be offensive. I will take into consideration the information that I find about the First Amendment in the U.S. Constitution that explains the student’s right to religious freedom of expression in school. There will be three legal cases that explain how the student’s work is protected under the First Amendment of the Constitution, while they demonstrate how they did or did not meet the academic standards that are set by the teacher for the assignment and how it caused an issue with the student. In addition, the legal cases will help to explain the stance that has been taken in this essay on the student’s religious freedom of speech on this assignment.
I believe all people have the right to express themselves. However, with rights come responsibility, a concept most people ignore. Having a "right" is to be free to express one's self. Consequentially, having a "responsibility" is doing it constructively, in such a way as to not violate policies, laws, and others' rights. There is a definite difference between a dress code and a school uniform. I support enforcing a school dress code, but is implementing a school uniform necessary? No matter how students dress, they will still pass judgments on their peers, uniforms do not necessarily save money, and children are forced to conform to the same standards. While in school, teachers have a responsibility to teach and students have the responsibility to learn. Both have the right to exist in their environment without harassment and the right to express their individuality. Some people have found some expressions crude, obnoxious, and distracting. To combat the problem, the idea of mandating school uniforms was introduced. This notion of making everyone appear "uniformed" in order to cut down on violence and negativity in school, is absolutely mislaid.
In 1965, a couple of teenagers in Iowa wore black armbands to protest America’s involvement in the Vietnam War, and the school noticed and banned the armbands. Freedom of speech has been a long debate since the Vietnam War. Freedom of speech is the first amendment in the Constitution, and it is where the people have the right to express their opinion. Even in some schools, they have either banned or suspended kids for wearing t-shirts, armbands, and other offensive clothing. Others claim that the citizens have the right to protest their own opinion no matter the cause, while a few say no the citizens do not have freedom of speech because it could disrupt the educational process and what they say online.