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First Amendment Rights of Public School Students How the judicial branch rules in cases relating to the 1st and how they relate that to all the rights of public school students. This includes anything from flag burning to not saluting the flag to practicing religion in school. The main point of this paper is to focus on the fact that schools have a greater ability to restrict speech than government. Research Question Does government or school districts have the greater ability to restrict free speech? This is a very important question because this is giving great power to one over the other. This is just down right wrong because it’s unwarranted to give the right to do such a thing to schools and not to government. Thesis Schools have more rights than the government to affect and restrict the 1st amendment and freedom of speech. Annotated Bibliography Hudson, David L., JR. "First Amendment Center." First Amendment Center. David L. Hudson JR., 28 Sept. 2002. Web. 20 May 2014. This article shows a majority of the cases that are relevant to the topic and research questions it clearly shows the articles that are involved with public schools and how and what they did. It helps answer that research question because it shows that some of the schools are capable of bypassing the system but sometimes get overturned. Paulson, Ken. "Frequently Asked Questions - Speech." First Amendment Center. Http://www.firstamendmentcenter.org. Web. 21 May 2014. . This piece argues most of the significant cases that are involved with the first amendment rights of public school students; it also shows all the cases that affect and gives significant information on all the... ... middle of paper ... ...an choose to pick certain students just because of their ethnicity. In the constitution it clearly states that everyone is equal and if they can have the same rights as us. Then it should be agreed that colleges and universities should be able to pick the students who are best fitted for their school. Now it is perfectly clear that schools do in fact have a greater ability to affect the first amendment rights of public school students than the government does. The court system has jumped back and forth throughout the years and this may seem very confusing to the average person but they’ve never changed their mind on the big cases that were said in the previous paragraph. But the court seems to be sporadic in its decisions outside of these big cases. It all starts in 1962 when they held that prayer in the public schools was a violation of the first amendment.
This decision makes it clear the most important thing for a school to do is to protect the students. It also states that the board of education, whose role is to oversee the schools, must make sure that the staff of the schools is protecting those children. This case highlights that long-term abuse can happen in schools if there are not clear policies or, if there are, that there is no one ensuring that those policies are
http://www.firstamendmentschools.org/freedoms/case.aspx?id=41>. . N. p.. Web. The Web. The Web. 14 Jan 2014.
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.
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...
...o school. The dissenting opinion simply argued that freedom of speech is not to be used as a disturbance. Therefore, those students’ right to expression or speech was not violated because it interfered with the classroom’s learning. There is a time and place for everything, and freedom of speech should not be used everywhere.
One reason why schools shouldn't limit students' online speech is that students have the freedom of speech which says that they can express themselves and have their own opinion.
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...
In the Abbeville et al. versus the state of South Carolina case, Abbeville demanded more funding from the state for the school districts that were not being provided with extra money through their property taxes. Abbeville argued for more state funding by proposing that their students were not acquiring an adequate education compared to that of students in wealthier districts (Abbeville 4). Abbeville et al. claimed the state violated “the South Carolina Constitution's education clause (art. XI, § 3), the state and federal equal protection clauses, and a violation of the Education Finance Act (EFA)” (Abbevi...
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...
Which include danger to the school or any of the students and this should be the only way teachers and schools can restrict students’ rights. but schools tend to go too far restricting students’ rights “The principal had ordered the stories removed from the paper because he believed the story about teen pregnancy was inappropriate for some of the younger students at the school, based on its discussion of sexual activity and birth control”(What are the free expression rights of students in public schools under the First Amendment?) a student though that this was appropriate for the school to read and it was but the officials at the school did not think the same way. also another case Bazaar v. Fortune officials tried to stop publication of a book just because it had a few words in it that they did not like.(The First Amendment and Public Schools) this is taking there restrictions just too far. The government should be able to set guidelines of what the immediate danger is and what kind of expression goes way too far and have it sent out to all the schools in the United States. This might help schools from restricting our
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
First Amendment Cyber Tribune. (2002, July). Freedom of Religion: An Overall View of Religious Liberty as Defined by U.S. Supreme Court Cases. Retrieved May 3, 2003, from http://w3.trib.com/FACT/1st.religion.html.
Education Week talks about the freedom and practice of religion stated in the United States Constitution and how the government has altered that in their article, “Religion in Schools”. They touch base on how “under God” was taken out of the Pledge of Allegiance and elaborate how students can participate in religious clubs outside of school because of the placement of the federal Equal Access Act of 1984.
The First Amendment of the Constitution assures American citizens certain freedoms. Among these freedoms are the freedom of speech and expression. Students should be allowed to express themselves with what they say, unless it is harmful or a form of bullying. Students should not be punished for stating their oppinion about teachers or school work. This is their right given to them by the Constitution. Americans' rights cannot be taken away and we can only stretch them and change them to a certain limit. These rights should only be limited in order to protect someones' wellbeing.
Do students really have the freedom of speech, expression,and religion in a school? Can I say this? Can I wear this? Can I pray at lunch today? These are questions students ask themselves on a daily bases, but they really shouldn't worry because all American students are given those rights in the Constitution. Should all those rights just disappear because you are in a school? There has been lots of Federal Court cases that have helped students rights and took away student right. I hope to inform you about some of the most controversial ones.