Students’ first amendment rights have changed over time and the rights will keep on changing over time due to certain court cases. Tinker v. Des Moines is one case that expanded the rights of students. Bethel School District v. Fraser and Hazelwood v. Kuhlmeier are two court cases that were restricted, the students did not win these cases. A case that expanded students first amendment rights is the Tinker v. Des Moines case. In this case some students in Iowa wore black armbands to school to protest the Vietnam War. The principle of this school did not agree with what the students we’re doing, he gave them a warning saying that if you continued to wear the armbands then you will be suspended from school. The students ignored the warning …show more content…
Kuhlmeier also was restricted and went against the students. In this case two girls wanted to publish a story about teen pregnancy in the school newspaper. The story was about some other girls in this school and their experiences with teen pregnancy, the article also included information about abortion. The article did change the names of the pregnant girls for privacy reasons. The principle of the school did not approve of this article being run and he said that this material was inappropriate for high school students and that there still wasn’t enough privacy for the two pregnant students. The principle took the article out of the school newspaper, the students appealed to court saying that their first amendment rights had been violated. “The question whether the first amendment requires a school to tolerate particular student speech - the question that we addressed in Tinker - is different from the question whether the first amendment requires a school affirmatively to promote particular student speech.”(Document G) The supreme court is saying that this case is different from the Tinker case, this case is about whether the schools have to promote students free speech and let them write about whatever they want. “[w]e hold that educators do not offend the first amendment by exercising editorial control over the style and content of student speech in school-sponsored expressive activities”(Document G) The Supreme Court ruled in favor of the school officials, they are allowed to edit/monitor what is released in school expressive activities, such as a school
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
http://www.firstamendmentschools.org/freedoms/case.aspx?id=41>. . N. p.. Web. The Web. The Web. 14 Jan 2014.
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.
Kuhlmeier had a big impact on everyone. This case changed the ways some schools did things. The ruling of Hazelwood v. Kuhlmeier allowed all matters related to school sponsored speech activities in the hands of the school. For example, some places now have an increased review of the articles prior to publication, allowing changes things that are unacceptable or inappropriate. The schools that do this do it to ensure an occurrence like Hazelwood v. Kuhlmeier does not happen again. While this had an impact on schools, it also had a big impact on students. This case, along with other student rights cases, inspires students to speak out for what they think is wrong or what should be done differently. Three other people that were impacted by this case were the three girls, Kuhlmeier, Smart, and Tippett, who fought for their free speech rights. The girls were just trying to help people going through hard times, like divorce and teen pregnancy and were heartbroken that they never had the chance. The things that made the students most upset was that they worked really hard on their articles and they thought they may have been able to fix them. Years after the case ended Cathy Kuhlmeier, now Cathy Cowan, said “I think we need to give students room to grow. Students need to be given the chance to do in-depth stories-more than just stories about the soccer game or who was named prom queen”(Kuhlmeier n.p.). The girls were happy they stood up for what they believed in and
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.
In America the Amendment 1 of the U.S. Constitution gives the American people the right to peaceably assemble and to petition the Government for a redress of grievances. Most notably Amendment 1 is known for and most often cited as giving the Freedom of Speech. Even before this amendment was ratified people in the U.S. were protesting, as in the Boston Tea Party. Protesting has been a way to effect change in America. A question to ask is this: is there a right way or wrong way to protest.
The 4th amendment protects people from being searched or having their belongings taken away without any good reason. The 4th amendment was ratified on December 15, 1791. For many years prior to the ratifiation, people were smuggling goods because of the Stamp Act; in response Great Britain passed the writs of assistance so British guards could search someone’s house when they don’t have a good reason to. This amendment gave people the right to privacy. “Our answer to the question of what policy must do before searching a cellphone seized incident to an arrest is accordingly simple - get a warrant.” This was addressed to officers searching people’s houses and taking things without having a proper reason. I find
It is 1776, the United States had just declared it’s Independence from England and one of those reasons for departing was the requirement to house British soldiers at anytime. After the French and Indian War England felt the need to thousands of soldiers in the colonies and an colonial quartering act was passed in 1765.When the British required the quartering of soldiers in the colonies it had passed in England that quartering of soldiers was not required. This quartering act on the colonies along with overtaxing lead to the start of the Revolution.Once the Americans won the war and had need to draft a constitution for the newly formed country, the exclusion of this requirement had to be added to the Bills of Rights.
The case specifics involve a student who made a provocative speech to the school body and received a three-day suspension. The schools yet again where given the right to violate his first amendment rights by not letting him give the speech which is not justifiable because the first amendment is supposed to give him all the rights that would allow him to make that speech. One huge case that involves vast majority of most students is the case named Board of Education of Independent School District #92 of Pottawatomie County v. Earls 2002.
Silverglate, H. A., French, D., Lukianoff, G., & Foundation for Individual Rights in Education, (. (FIRE). (2012). FIRE's Guide to Free Speech on Campus. Second Edition. FIRE's Guides to Student Rights on Campus. Foundation for Individual Rights in Education.
The way we live in society is influenced because students rights to freedom of speech at school is limited. Since the school owns the school paper, the school officials can edit it and change anything written in it if they don’t like it. Like when Kuhlmeier wrote about teen pregnancy and divorce, the school didn’t like it and thought that it was “too deep” for ninth graders. The unique American identity was impacted because now the schools are limiting the freedom of speech and press, which seems to be going against the Constitution. This shows that how the supreme court will let something that seems so wrong and against the Constitution “slip by.” This also related to the Morse v. Frederick case. A student named Joseph Frederick stood across the street from his school, because the students were told that they could stand there and watch the Olympic Torch Relay being passed through Juneau, Alaska on its way to Salt Lake City, Utah. Frederick held up a sign that “Bongs hits 4 Jesus.” This is known to be a message to encourage use of marijuana. The principal then suspended Frederick for 8 days because the sign was held up “in the midst of his fellow students, during school hours, and at a school-sanctioned activity.” The supreme court ruled in favor of Morse, the school principal 5-4. This also limited the students freedom of speech rights at school, but it was a message
The First Amendment is what we chose because it covers good areas (topics) that are occurring in the world on a daily basis. Many people like the items that The First Amendment covers, and some people don't like them. Either way there are many other amendments that have been ratified by the two-thirds of the House and Senate. There are ten amendments in the constitution, but there are 17 other amendments that aren't in the constitution. Therefore, in total there are 27 amendments.
The United State of America, established by the Founding Father who lead the American Revolution, accomplished many hardship in order to construct what America is today. As history established America’s future, the suffering the United State encountered through history illustrate America’s ability to identify mistakes and make changes to prevent the predictable. The 2nd Amendment was written by the Founding Father who had their rights to bear arms revoked when they believe rising up to their government was appropriate. The Twentieth Century, American’s are divided on the 2nd Amendment rights, “The right to bear arms.” To understand why the Founding Father written this Amendment, investigating the histories and current measures may help the American people gain a better understanding of gun’s rights in today’s America.
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.
Dress codes and uniforms go against the Frist Amendment and take away students constitutional rights. During the Tinker v. Des Moines Independent School District case the U.S. Supreme Court ruled that “students do not shed their constitutional rights to freedom of speech and expression at the school house gates.” (Kelly). By the Court saying this means that students do have their constitutional rights at school; dress codes and uniforms take that away for them. The U.S Supreme Court also made it clear that schools cannot just ban a student’s expression because they do not like, or see it as a possible threat. The school must have evidence to support their theories of the students expression would harm others around them or cause conflict among the students (Kelly). Some schools do this all the time, because they do not like what a shirt says; they will say it is against the rules and ban it. This clearly says schools are not allowed to do this.