...The rights of kids at school should be limited. Yes kids should were what they want to ware but somethings aren't appropriate for school. If they aren't appropriate for school then it could be harmful to them and other kids at school. Public schools are society in miniature, with students and school employees representing the full range of beliefs. In recent years, educators have repeatedly disciplined students for speech critical of teachers and administrators. The ACLU continues to be a leader in courts and statehouses across the country in protecting both students’ free speech rights and privacy. If students are suspected of criminal activity, school administrators should be forced to make their case before searching students or seizing property....
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...Karissa Ramirez School Law and Policy Issues Professor Criscione Table of Contents Introduction Student free speech Teacher free expression Freedom of Expression Rights: The Tinker Standard The Fraser standard The Hazelwood standard Faculty free speech Conclusion Introduction Free speech in public schools is important because it allows students and teachers to speak their minds on school grounds, wear jewelry or buttons, wear t-shirts with messages or color their hair a certain way. However, with the protection of the First Amendment that is guaranteed by the United States Constitution, it is sometimes not enough for students and teachers since there are limits to their speech or expression. It is evident that there are issues that have impacted free speech in public schools such as student and teacher free expression, freedom of expression under the First Amendment including the Tinker, Frazer and Hazelwood standard, and faculty free speech; in dealing with these cases it has helped shape future decisions of public school officials. Student Free Speech Student free speech rights have advanced since the twentieth century because previously students had no First Amendment rights. On the other hand, sometimes student’s rights are reduced or eliminated in certain situations. The Supreme Court has also maintained that the First Amendment rights of minors can be restrained in regards to school safety. School officials are also allowed to prevent, “student expression that presents...
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...The Controversies of Protected and Unprotected Speech The Controversies of Protected and Unprotected Speech Without the ability to express free and open ideas and exchange those thoughts with other individuals, our country’s representative democracy would never have survived. After abandoning the British monarchy, the Founders desired an open democracy free of tyranny and control of information. In order to protect our civilian’s basic principle of freeness of speech, the Founders established the freedoms of speech and the press otherwise known as the First Amendment. Within the United States Constitution, the first amendment contains the right to freedom of speech. This idea has become the core basis and significance of the American society and democracy. Within this amendment, an individual has the right to express their opposing views compared to the popular majority regarding specific areas of speech, religion and expression. More specifically, the first amendment includes the right to freely express one’s religion as well as grant every citizen the right to express any religious belief without government involvement favoring any particular side of religion. This amendment allows and ensures that an individual is allowed to speak their mind and question their higher authorities when the opportunity arises. Moreover, free and open debate is highly favorable and viewed as an essential component for determining the genuineness of opposing and competing...
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...our personal of public life through religion or speech is what classifies this country as “Land of the Free”. Initially, This amendment gives us our basic right to express ourselves in whatever way we see fit, as long as it isn’t illegal. On December 15, 1791, This amendment along with nine other amendments was ratified to make up what is know as the bill of rights. This amendment came about at the genesis of America. Citizens of America wanted a guaranteed right to their basic freedoms. It was the layout of a new and free society. Of all the founding...
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...First Amendment Research Paper: Freedom of Speech During the time the Constitution was being written, freedom of speech was mainly focused on political speech. People wanted the opportunity to express their ideas and opinions about the government without being reprimanded or unheard. People feared that if the government was able to censor unfavorable viewpoints, they would eventually form a politically powerful population and oppress those who did not share the same mindset. Along with concerns about political speech, freedom of religious speech was a common desire. Previous incidents in English and Colonial history had occurred where certain religious views were prohibited and the people wanted to make sure that they were safe from the government’s restrictions. During his speech to the First Congress on June 8, 1789, James Madison proposed the Freedom of Speech idea to congress. He included several amendments that specifically addressed the concerns of Anti-Federalists that certain rights were not strongly protected by the Constitution. Madison said in his speech, “The people shall not be deprived or abridged of their right to speak, to write, or to publish their sentiments.” Congress agreed with this idea and it became part of the first amendment. Madison continued with, “No state shall violate the equal rights of conscience, or of the press.” Congress did not like this and thought that only the federal government should be prohibited from restricting certain rights,...
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...chool administrators are worried about cyberspace usage especially when they visually see on the computer hit lists, bomb threats, character assassinations and defamations. Some school officials have took matters in their own hands by suspending, expelling or even banning students from use of computers. Do school administrators have the right to forbid free expression when the online communication posts are created from a home PC and not school regulated computer equipment? Social-networking websites (MySpace, Facebook, Xanga and Friendster) are extremely popular for instance, "more than 90 million people of all ages are registered users of MySpace good portion of them teenagers. Now granted, majority of online communications is of clean material of favorite things and dislikes but occasionally there will be damaging statements about teachers or a list of classmates to which they want to hurt. Example, five students in Kansas were arrested in April 2006 for a plot to engage in a murderous spree on the seven-years anniversary of the infamous Columbine shootings. The United States House of Representatives passed The Deleting Online Predators Act of 2006 which consists of public schools and libraries to block student access to commercial social-networking sites such as MySpace.com Some individuals do not favor this bill because it unfairly blocs learning applications and websites necessary for the students to learn and communicate. In addition, there is already an act that...
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...Santa Fe Independent School District v. Doe, 530 US 290 (2000), Decided June 19, 2000 Question Presented: Does the Santa Fe ISD's policy allowing student-led prayer at football games violate the Establishment Clause of the First Amendment? Constitutional Provisions: Establishment Clause & Free Exercise Clause- 1st Amendment Facts of the Case: In 1995, the Does tried to put a restraining order on the ISD for violating the Establishment Clause at graduation ceremonies by allowing students to read Christian prayers from the stage. They also alleged that the ISD was encouraging students to join Baptist activities, berated those who held minority religious beliefs, gave out Gideon Bibles on school premises, and allowed students to read prayers over the public address system at games. The District...
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...Juneau-Douglas High School brought suit against Joseph Frederick, an 18-year-old high school senior for violating Frederick’s First Amendment rights of freedom of speech. Frederick displayed a banner on a public sidewalk across from his high school that read “Bong Hits 4 Jesus.” The banner was viewed by the school’s student body when watching the Winter Olympics Torch Relay that was taking place throughout the city. Morse allowed the students to go outside and participate in the event, viewing the torch from both sides of the street. It was supervised by teachers and administrators and treated as a school field trip. Along with several students, Frederick held up his banner as the torch bearers approached so that he might get on national...
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...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.” The bill of rights was submitted to the states for ratification on September 25, 1789 and adopted on December 15, 1791. The first amendment was one of those amendments within the bill of rights to be adopted by the American culture. The first amendment was made as an act to guarantee our civil liberties rights. What people don’t really know is that the 1st amendment had to undergo many changes to be really effective. In the beginning the 1st amendment wasn’t as powerful it is now. Many cases had to happen for the first amendment to be really effective. Before these cases, people still weren’t really able to express themselves freely without any repercussions. For example, people weren’t able to freely write they wanted in the paper; as in talk bad about the government. The state government was no longer able to impose censorship and restrict speech, which is guaranteed by the First amendment. In 1798, the Sedition Act violated the first amendment by making it a crime to speak or write maliciously of the president or of Congress. President John Adams justified it by defining it as “intent to defame” or to bring either “into contempt or disrepute.” This act restricted the first amendment by limiting freedom of speech and of the press. This act stifled...
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...America is the land of the free. What happens when you take away that freedom? America has lost it’s purpose to protect the people from being suppressed. If freedom is what America is all about then why do schools insist on restricting our free speech? The value I will be upholding is freedom. I believe that public colleges and universities ought not restrict any constitutionally protected speech, because we are speaking for the publicity of our school, and because everyone has their 1st amendment rights. Contention 1: Censorship and limitations take away the meaning of the word public in public schools. Public means the community, that anyone can attend. If you take the term public speaking for example, if you’re not speaking for the people...
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...Free speech zone in universities Many campuses congratulate themselves on their sociability when they establish small free-speech zones where political things can be scheduled. Once I read in the Washington Post year ago, Texas Tech’s 28,000 students had a free-speech gazebo(the name of the free speech zone) that was big. Zones limit such free speech because they require students to get their permission for activities from school heads beforehand, which can then lead to discrimination. There are three main notes mentioned in the Washington post: At First, these are actually no means the types of free speech violations we see on campus. A look at FIRE’s case history it shows the true extent of threats to free speech on campus and the many ways they do it themselves. Second, speech code ratings of more than 400 universities around the country will provide you with a fuller appreciation of the many types of policies that indulge on the free speech rights of students. Finally, most of my examples are with the cases at public universities, which are made by the First law. We may have seen many of these same cases; however, at the private universities many of which may not be legally made by the First law, still make more promises of free speech to their students in their policies. Private institutions are controlled by these promises which courts in many states have said as strict contracts. In California private secular colleges are required by law to afford students the same...
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...C.Schenck v. United States (1919) D. During World war 1 Schenck sent circulars to draftees that stated that the draft was a horrible wrong and it was supported by the capitalist system. The circulars pushed that draftees should not let intimidation control their decision and states that they should do only peaceful things to stop it including trying to get the conscription act repealed by petitioning against it. This lead to Schenck being prosecuted for conspiracy to breach the espionage act by trying to cause disobedience in the military and to hinder recruitment. E. Is what Schenck did protected by free speech in the first amendment or is he breaching the espionage act? F.The court ruled that schenck was not protected due to the court believing...
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...attended school. Private grammar schools opened in the 1700s to prepare boys to attend ivy league colleges. Free public education for all was never a thought during the 1700 and 1800s, however those documents which were written then have an impact on education today. Even with these documents much power concerning education remains with the states. Cases such as Brown vs. Broad of Education 1954 argued the separate-but-equal doctrine violated the Equal Protection Clause of the 14th Amendment. Engel v. Vitale (1962) and 8. Abington School District v. Schempp (1963) shaped the modern understanding of how the Establishment Clause of the First Amendment constrains prayer in public schools. San Antonio Independent School District v. Rodriguez (1972) argued that the Equal Protection Clause of the 14th Amendment mandates equal funding among school districts. Tinker v. Des Moines (1969) argued the Freedom of Speech. These are just a few cases that have made it to the top court in the land in part because of the way schools, districts, and states interpret statements written over two...
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...timely to consider the benefits and abuses of adolescent's free speech in school in this era when false news stories, that are nothing more than opinion have escalated and the freedom of the press is so often under attack. The freedom of speech is a core principle and right given to the American people under the Constitution. This freedom ensures the continuing development of democracy, as well as many other freedoms that our nation can easily take for granted. Institutions of free speech and freedom of press ensure that the truth is exposed and that ideas improve (Stark & Soltis, 2015). However, John Mill in his essay, “On Liberty,” points out that these same freedoms are cut back for minors still in the care of their parents (as...
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...case, is does a banning of wearing armbands in public school, as symbolic protest, violate the students' freedom of speech protections guaranteed by the First Amendment? FACTS: John and Marybeth Tinker attended a public school in Des Moines, Iowa in 1965. On December 1965 the Tinkers held a meeting in the house of their friend named Christopher Eckhardt. The group decided on wearing black wristbands throughout the holiday season to show their disagreement with the Vietnam war and their support of the Christmas Truce called for by Senator Robert F. Kennedy. They also decided to fast on December 16th and on New Years Eve. The principals of the Des Moines Schools learned of this plan and met on December 14th to create a policy that stated school children wearing an armband would be asked to take it off or be suspended. Marybeth Tinker and Christopher Eckhardt were suspended from school on December 16th for refusing to remove the armbands. The following day John Tinker was also suspended for the same reason. The children were suspended from school until after January 1, 1966 when their protest had been planned to end. The case began on November 12th of 1968. The Tinkers and Christopher Eckhart filed charges against the state of Iowa: The Tinkers stated that their suspension resulted out of legal expressions. They believed they were suspended for simply stating their opinions on the war. They believed this action taken by the school and stated was a direct violation of their...
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