As the Twin Towers were plummeting to the earth at 8:46 AM of September 11th, 2001, students all over the nation watched the whole catastrophe in their classrooms. Students and teachers cried while others watched in disbelief. Later, on March 19, 2003, President George W. Bush announced that the United States was going to invade Iraq. Eager students began to enlist in the armed forces and displayed their duties, by proudly wearing their military uniforms in school. Now what if a principal or teacher suspended them because they refused to display such a powerful message? A principal and other school authorities have the questionable ability to restrict what students say, do, and/or even think. From the first day of preschool to the day of graduation, there are rules that students must follow. Some rules and regulations are necessary to prevent chaos, but when are restrictions in schools preventing scholars to convey their meaningful ideas and stances? Just like those proud new soldiers, other young adults who express their stances in politics should not be confined. Students all over the United States have the right to practice their rights and freedom of expression in their schools.
Throughout American history, schools have always limited students from expressing themselves. That was until the twentieth century when people started to question the ambiguity of limitations of scholars. Monumental court cases such as West Virginia State Board of Education v. Barnette proved that saluting the American Flag conflicted with some students’ religion. Rights and freedoms are the foundation of America and should not be severely censored within public schools. In Article IV, Section 2, Paragraph 1 of the United States Constitution, the do...
... middle of paper ...
...'s Guide to the U.S. Constitution. Washington, D.C.: Congressional Quarterly, 1980. 64.
3. Pascoe, Elaine. "Speech in the Schools." Freedom of Expression: the Right to Speak out in America. Brookfield, CT: Millbrook, 1992. 94-96.
4. Witt, Elder. "Religion and Public Schools." The Supreme Court and Individual Rights. 2nd ed. Vol. 1. Washington, D.C.: Congressional Quarterly, 1988.
5. Leah, Farish. "An Establishment of Religion." The First Amendment. Berkeley Heights, NJ: Enslow, 1996. 70
6. Leah, Farish. "An Establishment of Religion." The First Amendment. Berkeley Heights, NJ: Enslow, 1996. 55.
7. "oligarchy." Def. 1. The New Merriam-Webster Dictionary for LARGE PRINT Users. Merriam-Webster ed. 1989. N. pag.
8. Pascoe, Elaine. "Speech in the Schools." Freedom of Expression: the Right to Speak out in America. Brookfield, CT: Millbrook, 1992. 96.
Alonso, Karen. Schenck v. United States: restrictions on free speech. Springfield, NJ: Enslow Publishers, 1999. Print.
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.
...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.
"First Amendment Schools: The Five Freedoms - Court Case." First Amendment Schools: The Five Freedoms - Court Case. N.p., n.d. Web. 23 Feb. 2014.
Tedford, Thomas L., and Dale A. Herbeck. Freedom of Speech in the United States. State College, PA: Strata Publishing, Inc., 2009. Tinker V. Des Moines Independent Community School District. Web. 28 Oct. 2013. .
Brennan, William J. “Roth v. United States, Opinion of the Court.” Freedom of Speech in the United States. 24 June, 1957. Strata Publishing Inc. 12 Nov. 2005
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...
"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
Samples, John. "Religion and Civil Rights." World & I. 01 Jan. 2004: 32. eLibrary. Web. 24 Aug. 2011.
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 ability to restrict free speech? This is a very important question because this gives great power to one over the other.
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
Free speech at public universities and colleges is the most clear and the most contradictory of constitutional pr...
Herbeck, Tedford (2007). Boston College: Freedom of Speech in the United States (fifth edition) Zacchini vs. Scripps-Howard Broadcasting Company 433 U.S. 562 Retrieved on March 2, 2008 from http://www.bc.edu/bc_org/avp/cas/comm/free_speech/zacchini.html
In the United States, free speech is protected by the First Amendment in which it states, “Congress shall make no laws respecting an establishment of religion … or abridging the freedom of speech.” Now, nearly 250 years into the future, the exact thing that the Founding Fathers were afraid of is starting to happen. Today, our freedom of speech is being threatened through different forces, such as the tyranny of the majority, the protection of the minority, and the stability of the society. Now, colleges and universities in the United States today are also trying to institute a code upon its students that would bar them from exercising their right to speak freely in the name of protecting minorities from getting bullied. This brings us into
"The ACLU and Freedom of Religion and Belief." American Civil Liberties. (2013): n. page. Web. 2013.