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Essay on freedom of speech in schools
Essay on freedom of speech in schools
Freedom of speech on campus
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Everyone often expresses who we are or what we believe by what we wear. Students maintain constitutional rights for freedom of expression when it comes to school. To some extent our decisions about our appearance are protected as well. Keeping in mind that dress code policies vary from school to school, and there will often be disagreement about what makes up inappropriate clothing. Fear of school disruption is NOT enough to overcome freedom of expression. And wearing gang colors does NOT interfere with our learning nor with the rights of other students. A general ban on gang colors is too vague and therefore unconstitutional. Almost all colors are associated with gangs. Overall, school administers have no right to ban students from wearing gang affiliated colors in public schools. 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 …show more content…
Of course, students and school officials can often disagree about what may or may not be disruptive. For example, in 1998, the Rhode Island ACLU successfully challenged the suspension of a student for wearing a rock band t-shirt with the numerals “666” on it. On the other hand, although the ruling might come out differently today, a Virginia court ruled two decades ago that a school could decide to ban as “vulgar” a t-shirt with the phrase “Drugs Suck.” If you think you were unfairly disciplined for something you wore to school, you should contact the ACLU. Administrators have the responsibility to protect the health, welfare, and safety of students. And can stop conduct that interferes with the operation of schools or impinges on the rights of other students. Also, administrators can stop conduct that interferes with schoolwork during school
The students’ parents believed the issue was still unresolved so they hired attorneys to try the case in court. The lawsuit asked for two things; the first was an injunction to stop the school from enforcing the rule prohibiting the black armbands. They had also requested nominal damages which was a small amount of money sought for the violation of the plaintiff’s rights. In this case, nominal damages equaled one dollar (Farish, 33). The first trial took place in July 1966 and was tried by only a judge. There was no jury involved (Farish, 38). Five weeks later the judge returned with his decision; the plaintiff’s request for injunction and nominal damages was denied. The Tinkers were still not satisfied with the outcome and decided to appeal to the next higher court which was the Eighth Circuit. Meanwhile back in Des Moines, Iowa the community reacted angrily to the act of the students while the trial was taking places. Mary Beth Tinker recalls red paint being thrown at the Tinker residence and threatening phone calls (Farish, 41). When the trail in the Eighth Circuit had finally concluded, it had ruled that the Tinkers had lost yet again. The case was then taken to Supreme Court after careful consideration by both sides’
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.
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...
The First Amendment, usually equated with freedom of speech, affords five protections: Establishment Clause, Free exercise of religion, Freedom of speech, Freedom of press, and Freedom to peaceable assemble. Students (and student groups) in public colleges and universities enjoy full protection under the First Amendment; however, this right depends greatly on the context in which a student might raise a free speech claim. Once an institution creates a limited public forum for a student or group, administration cannot deny recognition to particular student or groups based on viewpoints. Given the great freedom students are afforded, the freedom is not absolute. The courts have allowed administrators to place reasonable restrictions on location, time, and manner of students and groups. In Tinker v. Des Moines, the court made it clear that, students do not “… shed their constitutional rights when they enter the schoolhouse door." To strengthen the importance of free speech on campus the court said, in Shelton v. Tucker “The vigilant protection of constitutional freedoms is nowhere more vital than in the community of American Schools.” These rights allow students to be able to take courses in a wide variety of subject matter, which may include topics often considered controversial. Moreover, student must have the ability to explore and discuss those topics without fear censorship or retaliation.
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.
It was irrational for these students to be suspended from the school. The high school students named John F. Tinker, who was fifteen-years-old, John’s younger sister Mary Beth Tinker, who was thirteen-years-old, and their friend Christopher Eckhardt, who was sixteen years old, should not have been suspended. They were under the protection of the First Amendment. The parents of those students sued the school district for violating the students’ right of expressions and sought an injunction to prevent the school from decupling the students. The Supreme Court of the United Sates stepped in and the question of law was if. They ruled in the favor of the Tinker’s because it was in a seven to two decision "Tinker V. Des Moines Independent Community School District."
The Dress Code is also to help from distractions like weird, strange clothes, it often distracts the students from learning. Not only that, but in High School there is large groups of gangs, and they can’t wear clothing that represents them and wear anything offensive, because then less violence will occur.
Have you ever gotten a new shirt that you were looking forward to wearing? Well what happened was a student wore a shirt with a band on it and got suspended from school. The rule was you cant wear shirts with bands on them. Band t-shirts distract people in the classroom and outside the classroom. The main argument was some people thought that the student didn’t break the rule because the t-shirt wasn’t causing a problem.
There have been a lot of people in the United States debating on whether or not wearing school uniforms since centuries ago. In the United States, most public schools do not require to wear uniforms. However, students are required to wear uniforms in private schools. While in most of the countries, either in a public or private school, require to wear uniforms. They even have summer and winter uniforms according to the weather. There are some pros and cons of wearing uniforms. Most of the people think that wearing uniforms can help student decrease the rate of gang activity, and behave well in school. However, some of the parents think that wearing the uniform do not have their children’s individual rights. Some of the students think it suffocated to wear the uniforms. The down-sides are the expenses of buying uniforms for poor people, and violating freedom of expression. However, the students should wear school uniform because it helps prevent gangs from forming on campus, encourage discipline, improve the learning skills.
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
In my opinion with the evidence the student’s shirt was not causing a disruption in class and the shirt did not cause a fight. During one of the class periods two students came in the room arguing about a band. Even though they were arguing, as soon as the teacher said to stop , the students sat down and began listening to the teacher. Also, according to the teacher, she didn’t have to tell them more than once and they listened
Pickerington School District should require students to have a uniform dress code. The current dress code policy is very minimal and is not adhered to by the students. Faculty overlook the students who don’t abide by the current dress code as it would take away from their teaching time. One of the main concerns that is brought up when the topic of school uniforms is discussed is freedom of expression. Many people worry that not allowing children to wear certain clothing will “stifle their creativity” (p. ) or restrict their First Amendment rights (Nevada, 2008). There are many reasons for having uniforms in public schools. School uniforms have been shown to improve test scores, raise school pride, increase attendance, reduce violence, and teaches students to dress professionally. School uniforms can also avert the wearing of gang colors (Wilson, 1998).
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.