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The importance of freedom
The importance of freedom
The importance of Personal freedom
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Freedom of Speech Freedom of speech has long been one the most important issues brought before the Supreme Court due to its importance in our everyday lives and society as a whole, but what specifically makes this topic such a namesake in our nation 's highest court? Simply stated, the underlying reasoning pertains to only two basic components, these being that of how far should freedom of speech be allowed to go and what actual representations fall into the category of speech. Cases based on these two crucial pieces of our nation 's puzzle have been taken to trial from the beginning of our country all the way into cases extending unto us today. Being that it is a basic unalienable right, it is likely to always be debated and be part of legal arguments for years and generations to come. Many have come to question what can truly be defined as speech, and to what lengths should the freedoms associated with it be limited. Such precedents were never as evident as they were in the Tinker vs. Des Moines Independent Community School District when students protesting the Vietnam War via the wearing of black arms bands would set into stone the way public schools could handle disciplinary action within the bounds of the Constitution. Originally, …show more content…
Even in cases in which that wasn 't necessarily the main supporting topic of discussion, it still had a rather large influence despite a more in the shadows approach. Freedom of speech is most definitely one of the most important rights we have because of its ability to influence whole cultures and people to change and follow the ideologies of another. May we as people see that importance and never forget what it truly means to be able to speak options freely without fear of
The case also states “A prohibition against expression of opinion, without any evidence that the rule is necessary to avoid substantial interference with school discipline or the rights of others, is not permissible under the First and Fourteenth Amendments” (Tinker v. Des Moines Independent Community School District). Because the students didn 't necessarily disrupt the education process, their First Amendment freedom of speech should not have been violated by the school officials.
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 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...
This is a case of great importance because it addresses the issue of the broadness of the First Amendment as well as student’s freedom of speech rights being limited based on vicinity and because they are students. From this case it can be concluded that the courts were indecisive in their decision making process and that they will continue to interpret the First Amendment to their suiting and not as it is written. Finally, schools do need to have the right to enforce policies that are beneficial to the students.
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.
One key to the first amendment of the United states constitution is the right to free speech. Freedom of speech is what separates America than other countries around the world that forbid freedom of speech rights. Freedom of speech has been in our constitution since the year 1791. When James Madison “the father of the constitution” wrote the bill of rights he saw potential and that it would make the country more freedom filled than other countries. The land of the free is what the United States is nicknamed and it 's because of our rights to express ourselves as freely as we desire.
For more than 200 years, the First Amendment has been at the heart of United States’ history and most successful research in liberty. The history of America’s nation is the story of the constant struggle to extend the promise of freedom more fully and fairly to each and every citizen. By looking freedom of speech, democratic government is not that important to have it without these rights. People prefer democracy to avoid tyranny or suppression of others. The citizens of the United States need to protect these rights because they are fundamental to the human being to be free, have liberty. What Founding Fathers did is not enough, however, United States’ citizens has to work together for a better place, a better country, a better government.
How the judicial branch rules in cases relating to the 1st and how they relate that to all the rights of public school students. This includes anything from flag burning to not saluting the flag to practicing religion in school. The main point of this paper is to focus on the fact that schools have a greater ability to restrict speech than government.
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
Since this country was founded, we have had a set of unalienable rights that our constitution guarantees us to as Americans. One of the most important rights that is mentioned in our constitution is the right to free speech. “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging 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, an issue was caused by teachers’ in violating students’ freedom of speech. In December some students from Des Moines Independent Community School District, in Iowa were suspended for wearing black armbands to protest against the American Government’s war policy in support Vietnam (Richard, Clayton, and Patrick).The school district pressed a complaint about it, although the students caused no harm to anyone. Students should be able to voice their opinions without the consequences of the school district.
Amendment one, freedom of speech is a very important factor for all citizens to have. Amendment one protects citizens to freely speak their mind without disturbing the educational process. The government may not put any consequences to any citizens from accessing information and freely speak. The government must protect citizens from unreasonable consequences, such as making signs, posting honestly, and letters that do no threat. The court case that involved amendment one is Tinker vs. Des Moines in 1964. Mary Beth Tinker and her brother wore black armbands to memorialize the Vietnam War. The principle, Des Moines suspened both of them because they refused to take them off. The court case was sent to the Supreme court because Des Moine interfered with Tinker’s right of freedom of speech. The ruling was seven to two in Tinkers favor. The Supreme court stated that students...
In the essays, “In Defense of Prejudice: Why Incendiary Speech Must Be Protected” by Jonathan Rauch and “The Debate over Placing Limits on Racist Speech Must Not Ignore the Damage It Does to Its Victims” by Charles R. Lawrence III, the writers express their beliefs on the topic of freedom of speech and prejudice speech; particularly racist. As far as any benefits of prejudice speech go, the two writers thoroughly disagree. Lawrence believes that there are no benefits of prejudice speech and it should not be included in what America’s “freedom of speech” entails, because of its effect on minorities as he writes, “Whenever we decide that racist speech must be tolerated because of the importance of maintaining societal tolerance for all unpopular speech, we are asking blacks and other subordinated groups to bear the burden for the good of all” (Lawrence 624.) Rauch disagrees as he suggests, “…the realistic question is how to make the best of prejudice, not how to eradicate it” (Rauch 1) as he thinks prejudice has benefits that effect not only our freedom of speech in general, but other things such as science and our ability “to challenge orthodoxy, think imaginatively, [and] experiment boldly” (Rauch 2.) Although the two writers disagree on the benefits, they do agree on some negative connotations of prejudice speech. Lawrence believes that there is real harm that can be inflicted upon a person when a victim of prejudice speech, of which is “…far from trivial” (Lawrence 623.) Rauch similarly agrees as he views the prejudice speech to be effecting to the inner body and the soul as he notes, “All of these things are noted preverbally and assessed by the gut” and that “The fear engendered by these words is real” (Rauch 6.) However, Rauc...
Free Speech Coalition v. Reno, 198 F.3d 1083 (9th Cir. 1999), United States v. Hilton, 167 F.3d 61 (1st Cir. 1999), United States v. Acheson,