The First Amendment in the Bill of Rights states, “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances” (U.S. Constitution). When, if ever, is the abridgement of free speech necessary? Judicially, what is considered speech; can speech ever been expressive rather than vocalized? Most importantly, do these liberties end once a student steps on school grounds? These questions have been the subject of many controversial and groundbreaking Supreme Court cases throughout the years, resulting in the term “school speech.” What has been considered appropriate school …show more content…
Kennedy’s Christmas Truce proposal. The school officials discovered their plan and decided to create a preemptive ban where armbands weren’t allowed; any student who was not in compliance with the rule would be suspended and not allowed back until they agreed to abide by the dress code. The Tinkers and Eckhardt decided to violate the policy and were subsequently suspended (“Tinker v. Des Moines Independent Community School District”), so their parents filed a lawsuit on their behalf and were represented by the American Civil Liberties Union (Tinker v. Des Moines). The Tinker party felt as though the Des Moines School District was violated the Tinkers’ and Eckhardt’s right to freedom of speech (through their expressive clothing) and did not deserve punishment for their actions. The school board believed the protest was potentially distracting and disruptive to the schools’ environments (Tinker v. Des Moines Independent Community School District). When the Supreme Court received the suit, they deliberated two questions: “Were the armbands a form of symbolic speech protected by the First Amendment? And if so,
Part 1: Bluebook Citations and Summaries • Tinker v. Des Moines Indep. Cmty. School Dist., S. Ct. 503 (U.S. 1969) - In this case, John F. Tinker (age 15 years old), his younger sister Mary Beth Tinker (age 13 years old) and Christopher Eckhardt (age 16 years old) wore black arm bands to school to display their non-support of Vietnam hostilities.
However, in Tinker v. Des Moines Independent Community School District, students wore bracelets to protest but never exhibited disrespectful or inappropriate behavior. (Decker,
This case Tinker v. Des Moines Schools was a very interesting case argued in 1968. A lawsuit was filed against the school after three students, Two of which in high school and one in middle school were suspended from school. The school suspended the students for wearing black armbands protesting the Vietnam war. Two other students wore armbands, but were in elementary school and weren't suspended. The students were fifteen year old John Tinker, sixteen year old Christopher Eckhardt, and thirteen year old Mary Beth Tinker.
Within the the Tinker vs. Des Moines case, the constitutional rights rights of the Tinker group were violated in spite of a simple and peaceful protest, the violation of our ‘unalienable rights’, and the way the school targeted a certain symbol that represented an
The Tinker v. Des Moines Podcast Supreme Court case is an important one, especially to students who like to voice their opinion about certain things. In Des Moines, Iowa, during the near ending of the 1960s and the start of the Vietnam War, students silently protested against the Vietnam War by wearing black armbands. This peaceful action was taken out of hand by the school and suspended students who participated in the protest. This was seen as a violation of the students’ rights according to the First Amendment. Their case was taken to U.S. Court of Appeals where the students lost but later was taken up to the Supreme Court, resulting in a win for the students.
May it Please the Court, The Court case Alex v. Upper Arlington School District, a student named Alex refused to stand for the Pledge of Allegiance in the early hours of school. He was told countless times by teachers to stand for the flag. Alex refused and was sent to the office and received a suspension for insubordination. This action violated Alex’s First Amendment rights, going against his freedom of speech and religion.
In the case of Tinker v. Des Moines Independent Community School District, specific interpretations of the First Amendment and Fourteenth Amendment were applied in reaching a decision by the Supreme Court. On December 16, 1945, three public school students attended school in the Des Moines Independent Community School District wearing black armbands in protest of the Vietnam War. The school board of this district had written a policy prohibiting this just 2 days before after hearing that there could be possible protests. The school board forbade any students to protest the Vietnam War in fear that this would disrupt the school day.
The case of Tinker v. Des Moines Independent Community School District is an important piece of history regarding the First Amendment to the U.S. Constitution and how it applies to students ' right to freedom of speech. The First Amendment states that "Congress shall make no law...abridging the freedom of speech", and the Supreme Court has the job to judge whether or not the laws violate the Constitutional Amendments. The case was the result of three students suspended from school for wearing armbands protesting the Vietnam War. According the U.S. Supreme Court, students do not shed their rights as American citizens when the students enter the school, leading the students to wear what they desire as long as it does not disrupt class. The
The First Amendment in a School Setting The first amendment is a constitutional right inherited by every American citizen, but how far is it truly reaching? At school, it has always been a wonder to me about the rights we students have amongst our peers. While some students use the first amendment inappropriately at school, a student has the right to voice their opinion under the protection of the first amendment. This is because, as decided by the Supreme Court, students do not “shed their constitutional rights to freedom of speech or expression at the schoolhouse gate” (Oyez, 1) therefore giving us this, some-what, shield of protection.
The Supreme Court has steadily thought that young people, while at school, do have the defense of the First Amendment. However, schools are special setting. Several current cases have signaled the Court’s willingness to permit school officers to limit students’ rights in order to preserve such an environment. First Amendment have changed over time, so has the meaning and limits the court have on various rights.
In public I can speak or express my feelings minimal restrictions. As for in a school zone I am not always available to do so. This where the amendment does not have 100% full affect. It has restrictions as to where you are, what you say, and what actions are taken after saying these things. There are plenty of restrictions as to what i can say, talk about, or wear.
The government is constantly attempting to take total control over society and its citizens, by regulating what is available, what can and cannot be done, and more. In America, it is believed that the citizens ' First Amendment right to freedom of religion, assembly, press, petition, and speech protects them from being able to be censored by the government and other figures with authority, but that is incorrect. The federal government has censored press on various occasions throughout history, contemporary censorship is practiced in non-governmental organizations and corporations, and in schools, as well as public libraries, books are continuously challenged in hopes of them being removed or banned. Censorship, and the government taking total control of what readers can and cannot read is a danger to society because censorship places limitations on the knowledge and creativity of citizens, hinders their right to freedom of expression, and shelters citizens from the harsh realities that are present in today 's world. Censorship places limitations on the knowledge and creativity of citizens.
The idea of free speech on college campuses and the complications of it stem from those on campuses expressing views that don’t align with popular views. Implications for students who use the idea of free speech as a method for hateful actions and comments should be reprimanded, but the question remains as to whether schools should enforce tougher limitations. The freedom of speech on college campus expands to the freedoms of religion, assembly, press, and protest as well. Freedom of expression allows students to show their own political, social, and cultural views. Removing freedoms of speech and expression have consequences deeper than surface issues.
Malaysian has the right to freedom of speech which is guaranteed by Article 10 of the Constitution of Malaysia. The Article 10 allows all citizens the absolute freedom as not restricted by the government. In Malaysia, Law such as Publications act and printing presses give the Malaysian authorities the control over all the media. Any act that against this law may lead to fines or in much extreme cases, prison sentence. Although Malaysia has the right to freedom of speech, the media are still being controlled by the government which restrict them to publish anything against the government.
As human beings, we are all born with an entitlement of freedom of speech or synonymously known as freedom of expression as it is a basic human right. It is stated in the Federal Constitution and it is important for us human beings to protect our rights to freedom of speech and expression as it is the backbone for a democratic society. Having the right to express oneself freely without any restrictions is an essential part of what it means to be a free human being. Article 10 in the Federal Constitution states that; (a) every citizen has the right to freedom of speech and expression; (b) all citizens have the right to assemble peaceably and without arms; (c) all citizens have the right to form associations.