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Freedom of Speech

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Submitted By melbo44
Words 1173
Pages 5
Melanie Boldt
Professor Garcia
English 1
6 March 2012
Assignment 3, Option 1: Write a well-focused essay in which you describe the court rulings on the issue explaining what rationale it used to make its decisions. Then discuss the extent to which you agree that Tyler Harper should have not been allowed to wear the t- shirt to school. Finally, discuss the implications to the court’s ruling has on the freedom of speech.
Limitations on Freedom of Speech
The first amendment allows all human beings the right of freedom of speech. The purpose of this right is that it admits free communication of ideas and opinions so that congress cannot make any “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”(Caselaw1). On the day of silence designated to teach tolerance of gay and lesbian students, Tyler Harper, a high school student, wore a T-shirt which message was directed straight at gays saying that homosexuality is shameful. An editorial in the Los Angeles Times entitled “free-speech fashion,” evaluates a problem that interferes with Tyler Harper’s constitutional rights. Although the ruling does not accurately line up with the first amendment and is unfair in Harpers situation, the Supreme Court applied a so called “right” to not be offended which gave authority to suppress speech. Every individual is entitled to freedom of speech on the day of silence, while gay people are allowed to freely express their beliefs on homosexuality, Christians can also do the same in regards to their beliefs. The court explained that the school Harper attended, Poway High School, was within its rights because Judge Stephen Reinhardt misapplied Supreme Court’s 1969 armband decision. The armband created a so called “right” that actually does not exist. The right to not be offended which stands in favor of people who favor the day of silence. The first amendment allows people to communicate their opinions and since everyone holds different opinions, offensive people are unavoidable. The judges’ dispute that the message of Harpers T-Shirt, “Be ashamed, Our School Embraced What God has Condemned,” was a disruption that interfered with the schools activity on the day of silence. The court also argues the shirt was harmful to gays and lesbians. The court’s decision was based on the opinions of judge Reinhardt and one other circuit judge, which ultimately does not make the decision fair, but only adds the judge’s opinions to the situation. Though some students may have felt offended by Haper’s T- shirt, he should not have been sent home for sharing his opinion through a shirt and should have been allowed to wear it. That is not only my bias opinion, but can be supported by the first amendment which states that everyone is entitled to freely state their ideas and opinions with limitations to libel, slander, obscenity, and incitement. The message of Harper’s t-shirt does not violate any of the limitations. If homosexuals are allowed to share their beliefs and even ask fellow students to support and respect them, then Christians should be allowed to do the same. The reasoning behind the court’s decision that Haper was violating the dress code was purely based off of pathos and that the gay audience finds the message offensive. Being offended is a part of life that everyone has to deal with, whether it seems fair or not. Harper did not attack any gays individually nor did he promote violence in any way. The only message that the t-shirt sent was letting people know that he did not support the day of silence because of certain beliefs he had. The message that Harper’s t- shirt portrayed is identical to the message that gay pride rainbow shirts and other accessories are trying to portray. The message of gay pride is that homosexuality needs to be accepted in order to stop bullying and harassment of gay students. Gays, straights, Christians, and atheists are not all going to agree with one another, but need to accept that because Harper is a human being he holds the right to share his opinion. Even if gays are offended by the message of the shirt, Harper was still not going against the actual amendment because the shirt does not state any hatred towards gays directly. In my opinion, I disagree with the court’s ruling and strongly believe that Tyler should have been able to wear the t-shirt. Following this problem further, the implications that the court’s ruling has on the freedom of speech need to be addressed. If the court ruling would have been based on what the first amendment states Harper would have been allowed to wear his t-shirt. The court did not apply the arm band decision of 1969, but misused it to create a right that has never existed in order to give gays the extra protection they need to not feel protected from being offended. Much of the reasoning the court used was that Haper’s t-shirt was harmful to gay students. According to dicationary.com the definition of harmful is “to injure physically, morally, or mentally” (dictionary.com 1). Yes, Harper’s shirt offended people, but since he was not individually targeting gays there is no way that the words on his shirt was intended to mentally injure someone. The so called “rule” created justifications that went around many rules and guidelines of the freedom of speech. The result of this was extremely weak reasoning as to why Harper was out of his constitutional rights, reasoning the many people will continue to argue. Tyler Harper’s situation is similar to many others around the world. This is not the first time a student has been punished for sharing his opinion on homosexuality on the Day of Silence or in that matter on any given day. Whether it is a general comment in class that one does not believe in same sex marriage, evolution or other teaching standards, students are often punished because of their opinions because they “violate” school rules. There are rules that prohibit students from being able to say and perform certain activated especially in regards to religious opinions. Yet all students are entitled to freedom of speech. Freedom of speech was established to give all human beings certain rights and should not be modified for any reason because that takes away from its specific purpose. In this case, the armband case was misused causing unfair treatment in Harper’s situation and there was nothing he or his parents could do. This goes to show that even when there are laws created to ensure people keep their given rights, that any situation can be made unfair whether there is a law or not.

Work Cited
"harm." The American Heritage® Dictionary of Idioms by Christine Ammer. Houghton Mifflin
Company. 11 Mar. 2012.
"U.S. Constitution: First Amendment." FindLaw: U.S. Consitituion. Jan.-Feb. 2000. Web. Mar.-Apr. 2012.

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