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Speech against school uniforms
Debates regarding school uniforms
Debates regarding school uniforms
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Many schools are now requiring students to wear uniforms to attend. This has sparked a debate between the courts, the schools and the students. Many people are concerned that requiring school uniforms violates freedom of speech, expression and the practice of religion. While 1st first amendment should apply to everyone and should be upheld, school uniforms can help students perform better in the classroom and reduce school crime while not infringing on students rights. School uniforms don´t violate student´s freedom of speech. Many people argue that by not allowing students to wear what they want is restricting their speech, this is incorrect. There is a thing called symbolic speech. See when the founding fathers wrote the constitution, more specifically the first amendment, they wanted people to be free to express themselves without being censored, for example the right to speak out against the government while being protected. They did not consider symbolic speech because freedom of speech was mostly spoken or written and it …show more content…
But one case came to the supreme court that would act as a precedent for students rights in the future, the famous case of Tinker v. Des Moines, students wore black armbands to protest the Vietnam war. This was considered disruptive and claimed to disrupted the learning environment and as a result the principal suspended them and the students sued and the case went to the supreme court. The court ruled 7-2 in favor of Tinker because the attorneys argued that while wearing the armbands, they were conveying a symbolic message that wasn’t disruptive or distracting. Many courts use this as a foundation for symbolic speech in school. According to Justice Abe Fortas "It can hardly be argued that either students or teachers shed their constitutional rights to freedom of speech or expression at the schoolhouse gate." (Tinker v. Des
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.
Many Supreme Court cases in the United States have reassured its citizens’ rights. One of those cases was that of the 1965 Tinker v. Des Moines Independent Community School District case. This case was about five students who were suspended from school for wearing black armbands. Should the students have been suspended? The Tinker v. Des Moines case was a very controversial Supreme Court case in which the right to freedom of speech and expression for students in public schools was violated.
In the 1960s, some Americans were against sending troops to Vietnam because of the many lives risked; others were against sending troops because of the money it would cost. In 1965, a group of Des Moines high school students met up and agreed to wear black armbands that following week to protest against the Vietnam War. Rumors got around to school principles. School Principals passed a rule forbidding armbands to be worn at school to prevent disruption in the classrooms. In December, five students wore armbands ignoring the school’s new rule. They were asked to take off the armbands, and they refused resulting in suspension ("Tinker v. Des Moines Independent Community School Dist"). Then the parents of those complained that the first amendment rights of those students were violated. This case went all the way to the United States Supreme Court. The Supreme Court ruled that students still have their rights of freedom of speech and expression in school in a 7-2 vote in favor of Tinker (“TINKER v. DES MOINES INDEPENDENT COMMUNITY SCHOOL DISTRICT”).
Student court cases against schools, or vice versa, are not as uncommon as they may seem. Tinker v. Des Moines was a court case that ended in 1969 regarding students protesting the Vietnam War. The three students involved in the trial wore black armbands to school, which was prohibited, and were suspended. Since the students felt that their First Amendment right was abused by the school therefore they took the issue to a local court, then eventually the Supreme Court. The case has left a mark on First Amendment rights for students since then. The Tinker v. Des Moines court case impacted the United States by questioning the First Amendment in public schools, spreading awareness of student rights, and by challenging future court cases using
Jahn, Karon L. “School Dress Codes v. The First Amendment: Ganging up on Student Attire.”
Censorship even extends to school dress codes. A school dress code is a set of rules about what clothing may or may not be worn in schools. As previously mentioned, a set of criteria are used to determine whether or not student expression should be censored in schools. For censorship involving dress codes, there are two: the “Tinker disruption standard” and the “forum issue,” which determine if student expression disrupts the school day and by who it is regulated, respectively (Emert). One case involving censorship of the school dress code was of a boy who violated his school’s dress code (Nguyen). Zachary Guiles, a thirteen year old boy, had to cover up his shirt denigrating former President George W. Bush, which violated his First Amendment rights (Nguyen). The shirt showed President Bush’s head on a chicken with derogatory names. It had images of oil rigs and lines of cocaine (Nguyen). A student, who had opposite views as Guiles, notified the administration of the shirt (Nguyen). Guiles was sent home on May 13, 2004, when he didn’t cover up the shirt after being asked to. The next day, Guiles’ wore the shirt, which was covered with tape and the word ‘censored’ was written on the tape (Nguyen). The school which Guiles attended, Williamstown Middle High School in Vermont, said that the shirt violated the dress code. Guiles’ parents felt that their son’s “rights to engage in political speech” were violated, and they sued the school (Nguyen). Guiles did not win the lawsuit in December 2004, when the US District Court for Vermont ruled in favor of the school, saying the images were “’plainly offensive and inappropriate’” (Nguyen). Guiles appealed, and the Second Circuit court ruled that the images were not offensive an...
In the 1969 case of Tinker vs Des Moines, one of the most well-known student rights cases it has considered, the US Supreme Court ruled that students had a constitutional right to wear a black armband to school to protest
“They shouldn't because they should be able to express themselves and choose what to wear. Also, they should be able to wear what they want and be free to wear what they want. They should also be able to share their personalities with their classmates and family members. ” (should kids). Some students can’t express themselves with art or music so, there way is through clothing like: buttons, band t-shirts, etc. In private schools it would be easier to enforce since there parents are paying extra for a better education. Public schools on the other hand would be a lot harder to enforce especially because some students don’t like school. Which if uniforms were enforced would make students hate school even more.
School uniforms also reduce ones ability to choose clothing that fits individual comfort needs. Above all, school uniforms even go against the 1st Amendment of the Constitution of the United States, which is about the establishment of religion and free speech. School uniforms are affecting the amount of money spent on clothing in a negative way. Many people think parents/guardians are saving money, but really, they are just spending more money. If one were to think about it, school uniforms can’t be worn outside of school.
At the beginning of the 20th century almost no parent or faculty had any concerns with how students dressed to attend school. Nowadays, though, this is a giant concern among students, parents, and school board officials. Many arguments have been made over the matter saying uniforms should be required and enforced in schools. But, uniforms should not be required as they ultimately eliminate freedom of expression, promote conformity over individuality, may have a detrimental effect on students self image, emphasize the socioeconomic divisions they are supposed to eliminate, and lastly, school uniforms in public schools undermine the promise of a free education by adding an extra expense for families.
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
The most common argument against school uniforms is that they take away the students right to self-expression. Yes, school uniforms limit what the students have to wear, but students can still have their own ways of self-expression. Students can still express their style of choice with their hair and what accessories they wear. Their shoe choice is also a form of self-expression. Students can make the uniforms their own style without breaking the dress code. School is a place to learn. Outside of school, self- expression is limitless. Some parents also believe that it could interfere with students' natural behavior to experiment with different identities. Having uniforms in schools helps erase the defined line of the social classes. Typically, popular kids in the higher social classes wear the trendiest clothing...
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.
I don’t think children or teens should have to wear school uniforms. It deprives them of their freedom of speech. They should have the right to wear what they want when they want. The uniforms are degrading and appalling. Everything would be dull and boring if everyone looked the same and wore the same stuff! Whatever happened to our U.S. Constitution? Some kids become stressed out and could get depressed because they cannot choose what they can wear, In Our own country? The land of the free and the home of the brave and we can’t even choose what we wear? The effect would be: students becoming angry and violent, and worst case scenario, suicide.
Several high school students, including Tinker were suspended for coming to school wearing black armbands protesting the Vietnam War. The Supreme Court held that students have a First Amendment right to express themselves as long as that expression is not disruptive to the school environment. The First Amendment encourages and protects individual expressions, and in this case the students though and expression was favored. The source is effective because court cases like this one have shaped history and have an impact on parents and students that are against school uniforms. This source is important because even though the decision is from 1968 this court case is still used when talking about school uniforms. The source is informational because it is relevant and unbiased. The judges decided on the matter of the case by looking at both sides of the argument and deciding what is best for the