“We hold these Truths to be self-evident that all Men are created equal, that they are endowed by their Creator with certain unalienable rights, that among these are Life,LIberty,and the Pursuit of Happiness”(“From the Declaration of Independence”). Society doesn’t guarantee individuals unalienable rights, yet it's stated in the Constitution that, “all men are created equally with certain unalienable rights” (“From the Declaration of Independence”). As well as society doesn’t believe in civil rights for kids, because of their age and era. Constantly people keep discriminating against student rights because adults get to decide for kids. In addition students are also American citizens, and also have unalienable rights that our past generations had to fight for. …show more content…
It's stated in the 1st amendment that U.S citizens have the freedom of speech,press,assembly,and petition. In December 1965, John and Mary Beth Tinker and their friend Chris Eckhardt wore black armbands to school in Des Moines, Iowa, to protest the war in Vietnam. School officials told them to remove the armbands, and when they refused, they were suspended (John, 15, from North High; Mary Beth, 13, from Warren Harding Junior High; and Chris, 16, from Roosevelt High). With their parents, they sued the school district, claiming a violation of their First Amendment right of freedom of speech. ( The New York Times, The New York Times).The verdict ruled Tinker by saying students do not “ shed their constitutional rights to freedom of speech or expression at the schoolhouse gate”. The ruling was 7-2 ushered in a new era of freedom of speech for students. The verdict gave Tinker and also her peers in the United States of America the freedom of speech that now gave other students a voice in their
http://www.firstamendmentschools.org/freedoms/case.aspx?id=41>. . N. p.. Web. The Web. The Web. 14 Jan 2014.
The Bill of Rights was crafted in 1791 by James Madison. It was put in place to protect the rights of all people within the borders of the United States when it is applied by the government. It is a very important document that means a lot in the hearts of Americans.
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.
The Schenck case in the early 1900s dealt with the freedom of speech as it related to the draft of World War I. Charles Schenck sent mass mail that stated “the draft was a monstrous wrong motivated by the capitalist system” (Schenck v. United States). The federal government found this to be in violation of the Clear and Present Danger Test as well as the Espionage Act and arrested Schenck for his actions. The case proceeded to the Supreme Court and was ruled in favor of the United States unanimously. The opinion of the court violates the free speech clause as well as a right to have peaceful protest by denying Schenck to share his opinions of the draft with others despite the opinion of the government on this action.
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.
Mary Beth Tinker was only thirteen years old in December of 1964 when she and four other students were suspended from school because they wore black armbands. The black armbands were a sign of protest against the Vietnam War. The school suspended the students and told them that they could not return to school until they agreed to take off the armbands. The students did not return to school until after the school’s Christmas break, and they wore black the rest of the year, as a sign of protest. The Tinker family, along with other supporters, did not think that the suspension was constitutional and sued the Des Moines Independent Community School District. The Supreme Court’s majority decision was a 7-2 vote that the suspension was unconstitutional (Tinker V. Des Moines).
...an choose to pick certain students just because of their ethnicity. In the constitution it clearly states that everyone is equal and if they can have the same rights as us. Then it should be agreed that colleges and universities should be able to pick the students who are best fitted for their school. Now it is perfectly clear that schools do in fact have a greater ability to affect the first amendment rights of public school students than the government does.
Background: In Des Moines, Lowa, the students came together and organized the kids to wear black armbands to school to protest the vietnam war. The kids wore the armbands to school and the principal found out and suspended all the kids because of the armbands. The students gaurdians sued the school for not allowing them to have freedom of speech. The United States court was on the schools side, ruling that the armbands were a distraction of the kids learning abilities. The kdis appealed the rulling to a United States court of appeal but in the end they lost.
At this point in a college freshmen’s life, they have been in school for 14 years. Throughout those 14 years, freshmen have learned the Bill of Rights like they’ve learned how to walk and the first amendment the way they’ve learned to talk. The first amendment has been engrained in a child from the first history class in 5th grade, to the fifth history class in 9th grade and the eighth class in their senior year. In those eight years, a student has the first amendment in their head to bring to college and express themselves how they see fit and how they have been socialized to do so. According to Dinesh D’Souza, Stuart Taylor and Tim Robbins freedom of speech has been inhibited and taken out by politics and political correctness and fueled heavily by the societies need for preferential treatment.
African Americans have a history of struggles because of racism and prejudices. Ever since the end of the Civil War, they struggled to benefit from their full rights that the Constitution promised. The fourteenth Amendment, which defined national citizenship, was passed in 1866. Even though African Americans were promised citizenship, they were still treated as if they were unequal. The South had an extremely difficult time accepting African Americans as equals, and did anything they could to prevent the desegregation of all races. During the Reconstruction Era, there were plans to end segregation; however, past prejudices and personal beliefs elongated the process.
The administrative prohibition against wearing the black armbands by students seeking to express their disagreement with the war in Vietnam violated the students’ rights to freedom of expression as guaranteed by the Free Speech Clause of the First Amendment of the United States
"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
...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.
During this era, LBJ and the Civil Rights Bill was the main aattraction. July 2, 1964, President Lyndon Baines Johnson signed a civil rights bill that prohibited discrimination in voting, education, employment, and other areas of the American life. At this point, the American life will be changed forever. LBJ had helped to weaken bills because he felt as if it was the states job and not the goverment, but why did he change his mind? Was polictics the reason LBJ signed the Civil Rights Bill of 1964?
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.