More handpicked essays just for you.
Importance of freedom of speech in education
Freedom of speech in schools essay
Freedom of speech in schools essay
Don’t take our word for it - see why 10 million students trust us with their essay needs.
Throughout the history of education there have been several questions as to how a school should conduct itself and who has the most say: the students, the parents, or the school board? In several arguments, debates, and even court cases it seems that these three factions of schools have disagreeing views with each other. For the most part, citizens can agree that students are the central subjects of a school, otherwise they would not exist. However, does that mean that the students have the right to choose what is taught or presented to them in school? As stated in the scenario, nine possibly offensive books were the subjects of complaining parents. The school board then removed the books, but the students sued the board for doing so based on the belief that the action was a hindrance to the right of free expression. In response, the school board stated that their actions were justifiable because they were doing their job by determining education policy. Therefore based on the readings …show more content…
The involuntary removal of an armband was deemed unconstitutional in part because the court “recognized the distinction between communicating by words and communicating by acts or conduct”, according to Mr. Justice White (Tinker v Des Moines, pg. 5). The students in the Tinker case were merely demonstrating peacefully through the symbolism of the arm bands which is communicating through a certain act, just like reading a book. Contrarily, the writings published in a school newspaper is the production of speech. That is why it was deemed constitutional to allow the oversight of a school newspaper. However in the case of the books, the production of offensive ideas is not the issue since the books are not written by the students or teacher nor do the books represent the school like a newspaper
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.
Therefore, the respondents took the case to court (Island Trees…). The holding, the court’s decision, by a 5-4 vote, was “The First Amendment limits the power of local or school boards to remove library books from junior high schools and high schools” (Island Trees…). The court also said that the Board of Education “should not intervene in ‘the daily operations of school systems’ unless ‘basic constitutional values’ were ‘sharply implicate[d]”(qtd. in Board of Education, Island). The dissent consisted of Burger, Powell, Rehnquist, and O’Connor; the concurrence consisted of Blackmun and White (Island Trees…).
Justice Hugo Black dissented and feared that the Court’s ruling would cause more revolutionary actions from students. However, Justice Fortas addressed this potential outcome. He says, “Certainly where there is no finding and no showing that engaging in the forbidden conduct would "materially and substantially interfere with the requirements of appropriate discipline in the operation of the school," the prohibition cannot be sustained.Burnside v. Byars, supra at 749.” The school’s ban of the armbands could not be upheld because the expression had not caused any harm. If the students underwent another expression, the school would still have the power to make a decision. If their actions were disruptive, the school would still have the power to limit these actions. The students’ rights are still protected, and the school still has the authority to operate the
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.
In December 1965, a group of students from Des Moines, Iowa met at Christopher Eckhardt’s home in order to plan a protest. During the meeting, the students planned to wear black armbands throughout the holiday season to show public support for a truce in the Vietnam War. However, the principal of the school got word of the planned protest and quickly established a policy that stated any student wearing an armband would be asked to remove it. If they refused to do so, it would result in suspension. On December 16, 1965, the protest began and students Mary Beth Tinker and Christopher Eckhardt wore their armbands to school and were sent home. The following day John Tinker experienced the same result by wearing his armband as well. All three students
The district court found the disruptive-conduct rule unconstitutionally vague and broad, and that withdrawal of the student's name from the graduation speaker's list violated the Due Process Clause of the Fourteenth Amendment because the rule did not mention such removal as a likely sanction. The court made the case that nothing in the Constitution forbids the states from insisting that certain forms of expression are unfitting and subject to sanctions. (Tinker v. Des Moines Independent Community School District, 1969) The court affirmed that students do not "shed their constitutional rights to freedom of speech or expression at the schoolhouse gate."(Tinker) If the student had given the same speech off the school premises, he would not have been penalized because government officials found his language inappropriate.
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...
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.
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.
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. "
The Turn of the Screw by Henry James has been the cause of many debates about whether or not the ghosts are real, or if this is a case of a woman with psychological disturbances causing her to fabricate the ghosts. The story is told in the first person narrative by the governess and is told only through her thoughts and perceptions, which makes it difficult to be certain that anything she says or sees is reliable. It starts out to be a simple ghost story, but as the story unfolds it becomes obvious that the governess has jumps to conclusions and makes wild assumptions without proof and that the supposed ghosts are products of her mental instability which was brought on by her love of her employer
Issues of censorship in public schools are contests between the exercise of discretion and the exercise of a Constitutional right. The law must reconcile conflicting claims of liberty and authority, as expressed by Supreme Court Justice Felix Frankfurter in Minersville School District v. Gobitis, 1940 in “Banned in the U.S.A.: A Reference Guide to Book Censorship in Schools and Public Libraries” by Herbert N. Foerstel (23).
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
The epic poem, Beowulf, a work of fiction, offers more insight into Ancient Anglo-Saxon English culture than the work of Bede, who wrote, A History of the English Church and People. The epic poem Beowulf gives an enhanced illustration and clearer understanding of the culture of the Ancient Anglo-Saxon’s. The epic poem gives the audience a picture of what the Ancient Anglo-Saxon English valued; seafaring, warriors, heroes, and paganism.