Isabella+Rodriguez

**Should the government be allowed to restrict the free speech of students in public high schools or colleges?**
 * "Erasing Your Rights"****By: Isabella Rodriguez**





I have chosen this particular topic because it is a reoccuring issue in today's society. Many people feel that by restricting the free speech of students, it takes away their right to express their free speech. Even though it is important for the individual to be guarenteed their rights, it is also important to make sure that an individual does not offend another person while expressing their free speech. Many people do not know when it is appropriate to restrict a student's freedom of speech in public high schools or colleges. Therefore, this topic is important to students as well as teachers and principals.

(West Virginia State Board of Education v. Barnette." //West Virginia State Board of Education v. Barnette//. Levendosky, Charles. "Free Speech Must Remain Protected." //Should There Be Limits to Free Speech?// Ed. Laura K. Egendorf. San Diego: Greenhaven Press, 2003. At Issue. Rpt. from "Free Speech Relies Upon Those Willing to Fight." //Progressive Populist// (May 1999). //Gale Opposing Viewpoints In Context//. Web. 27 Nov. 2012.)
 * Those that are for free speech argue:**
 * it is injustice to take away these rights
 * foundation of American liberty
 * most important amendment
 * this right seperates us from other countries
 * makes a difference in history
 * we are guarenteed this right
 * encourages different viewpoints on controversial matters
 * when it conflicts their religious ideas

(Bethel School District No. 403 v. Fraser." Cornell University Law School, n.d. Web. 4 Dec. 2012. Tinker v. Des Moines School District (1969)." //Tinker v. Des Moines School District (1969)//. Web. 27 Nov. 2012.)
 * Those that want to restrict free speech argue:**
 * to protect the mind of the youth
 * avoid corruption of minors
 * if it is sexual harasment
 * causes disruption or conflict in school
 * if it promotes illegal drug usage
 * foul language that is out of context
 * goes against beliefs of schools

Court Cases:

 * The Tinker v. Des Moines** case ruled in favor of the students. During the Vietnam War, in 1969, a group of students decided to wear armbands to school in order to show their disagreement with the Vietnam War. The Supreme Court decided that the students did have a right to freedom of speech and that the armbands themselves did not create a disruption.


 * The Bethel v. Fraser** case ruled against the student. After Matthew Fraser made a public speech in front of his school, he was suspended for two days. School officials believed that his speech made sexual implications. The Supreme Court decided that his sexual content in his school speech should in fact be restricted since it was irrelevant to the speech's central idea.


 * In the Morse v. Frederick** case, the school officials saw it necessary to restrict the free speech of Joseph Frederick. Frederick's 14 foot banner displayed "BONG HiTS 4 JESUS" and was considered to be inappropriate as well as influential. His banner implied that he was promoting illegal drugs or the usage of illegal drugs. Therefore, the Supreme Court agreed that when a student encourages illegal drugs, that individual's free speech must be restricted.


 * The West Virginia State Board of Education v. Barnette** case decided that a student should not be forced to state the Pledge of Allegiance if it goes against the religious beliefs of that student. So when school officials told the students that were apart of 'Jehovah's Witnesses' that they must recite the pledge, those students felt that the school officials had gone against their rights. In the end, the court ruled in favor of the students.

**What I Think:**
The issue of free speech in schools continues to be as relevant and controversial as it was in 1969, during the //Tinker v. Des Moines// case. Students do in fact have the right to express their opinions to others, but it should be done so respectfully. People must also take into consideration that everyone has different opinions and their own personal ideas. However, with all the freedom that students are given by the First Amendment, there also comes a sense of responsibility for one's own actions.

**Works Cited:**
"Bethel School District vs Fraser." //Exploring Constitutional Conflicts //. N.p., n.d. Web. 11 Dec. 2012.

"Introduction to Should There Be Limits to Free Speech?: At Issue." //Should There Be Limits to Free Speech?// Ed. Laura K. Egendorf. San Diego: Greenhaven Press, 2003. At Issue. //Gale Opposing Viewpoints In Context//. Web. 27 Nov. 2012.

Levendosky, Charles. "Free Speech Must Remain Protected." //Should There Be Limits to Free Speech?// Ed. Laura K. Egendorf. San Diego: Greenhaven Press, 2003. At Issue. Rpt. from "Free Speech Relies Upon Those Willing to Fight." //Progressive Populist// (May 1999). //Gale Opposing Viewpoints In Context//. Web. 27 Nov. 2012.

"MORSE v. FREDERICK." //MORSE v. FREDERICK//. Cornell University Law School, 19 Mar. 2007. Web. 27 Nov. 2012.

Sandler, Bernice Resnick, and Harriett M. Stonehill. "Schools Should Ban Sexually-Harassing Speech." //Student-to-Student Sexual Harassment K-12: Strategies and Solutions for Educators to Use in the Classroom, School, and Community//. Lanham, MD: Rowman & Littlefield Education, 2005. Rpt. in //Censorship//. Ed. Julia Bauder. Detroit: Greenhaven Press, 2007. Current Controversies. //Gale Opposing Viewpoints In Context//. Web. 27 Nov. 2012.

// TINKER v. DES MOINES IND. COMM. SCHOOL DIST. //. The Oyez Project at IIT Chicago-Kent College of Law. 11 December 2012. Tinker v. Des Moines School District (1969)." //Tinker v. Des Moines School District (1969)//. Web. 27 Nov. 2012.