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The four freedoms rights
First Amendment rights in schools
First Amendment rights in schools
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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.
A position generally held by the courts is that it is the goal of the public school is to educate students and that a student’s personal rights to free speech or free press may interfere with that goal. Court cases over several decades over freedom of speech rights for students have set legal precedents and are being used to argue for and against student’s rights and and student rights violations (Constituial Topic:Student Rights.
Students in public colleges and universities consist mostly of students who have ...
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...ontributions to the newspaper for submission should be free of obscenity or personal attacks. Editors and advisors of the Feather have the right to deny any editorial, comment, or column (The Feather.
The newspaper guidelines for schools vary widely with the age and the demographics of the audience of the readers. The free exchange of ideas and knowledge is a part of learning. However, students who write for school newspapers must understand the ramifications and influence of the printed word. Freedom of speech is not synonymous with slander, personal insults, or inciting anger and violence through sensationalism. Academic freedom and the free flow of ideas are essential to education, but columns and editorials in school newspapers that inflame and hurt other students, or material that is inappropriate for the age of the readers needs further examination.
In the majority opinion, Justice White wrote “Educators did not offend the First Amendment by exercising editorial control over the content of student speech so long as their actions were” The court also noted that the paper was a sponsored newspaper by the school which was not intended to be seen by the public, but rather for journalism students to write articles based off of the requirements for journalism 2 class, and all subjects must be appropriate for the school and all its
Over five years have passed since high school senior Joseph Frederick was suspended for 10 days by school principal Deborah Morse after refusing her request to take down a 14-foot banner he was displaying at a school-sanctioned event which read “BONG HiTS 4 JESUS.” Born as a seemingly trivial civil lawsuit in which Frederick sued the school for violating his First Amendment rights to free speech, the case made its way up to the U.S. Supreme Court, and the long-awaited ruling of Morse v. Frederick has finally been released. In a 5-4 split decision, the court ruled in favor of Morse and upheld the school board’s original ruling that Morse was acting within her rights and did not violate Frederick’s First Amendment rights by taking away his banner and suspending him for 10 days. The controversial decision has led followers of the case to question the future of student speech rights.
within the protection of the Free Speech Clause of the First Amendment and the Due
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...
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.
Furthermore, the opinion of the Supreme Court reveled that students can express their opinions anywhere even when the principal clearly made a rule banning armbands so problems would not be created. The disruptions from armbands could ca...
“Marvin L.Pickering, a high school science teacher in Illinois wrote a letter published in a newspaper denouncing the board of education's choice of allocating of funding between athletics and academics, he also criticized the superintendent who did not inform the local taxpayers why they were actually paying more for the school. After posting the letter, the high school teacher was fired because the board claimed that he delivered false information that could affect the efficiency of the school administration, it damage the reputation of the board of education and of its superintendent and that it could possibly encourage “controversy, conflict, and dissension” between the school staff "Detrimental to the best interests of the schools"(Findlaw.com, I) . Pickering decided to sue the school for violating his First and Fourteenth Amendment rights to free speech and of equal protection because he claimed that he has the right to free speech and is allowed the same rights as everybody else.“
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...
At the beginning of each day in many public and private schools around the country, students stand and recite the Pledge of Allegiance. In fact, 35 states have passed laws mandating that the Pledge be recited on a daily basis. This issue has been a source of controversy for years. On one side of the argument exists families and educators who believe in the citizenship and patriotism that reciting the Pledge brings (Chiodo, 2011). On the opposing side, families and educators argue the possible threat to an individual’s First Amendment freedoms.
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.
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
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.
Censorship in School Libraries The most debatable and controversial form of censorship today is the banning of books in school libraries. Banning books that educate students is wrong and selfish. Censorship of books in school libraries is neither uncommon nor an issue of the past. Books with artistic and cultural worth are still challenged constantly by those who want to control what others read. The roots of bigotry and illiteracy that fuel efforts to censor books and free expression are unacceptable and unconditional.
Censorship in Schools There has recently been a renewed interest and passion in the issue of censorship. In the realm of the censorship of books in schools alone, several hundred cases have surfaced each year for nearly the past decade. Controversies over which books to include in the high school English curriculum present a clash of values between teachers, school systems, and parents over what is appropriate for and meaningful to students. It is important to strike a balance between English that is meaningful to students by relating to their lives and representing diversity and satisfying worries about the appropriateness of what is read.
Should school newspaper be censored? Some schools believe that topics like partying and dating are not appropriate for school newspapers. Other schools believe that school newspapers should have the freedom that regular papers do, as long as that they say is true.