Do students still have all their First Amendment rights, including Freedom of Speech, while in public school?
The question of whether students retain all of their First Amendment rights while at school has been evaluated many times over the past few decades. In the Tinker v. Des Moines case, students were suspended for wearing black arm bands to protest the Vietnam war. A case was filed against the school district stating that the students had been denied their Freedom of Speech rights. The court ruled in favor of the students. This allowed the students to express themselves in a calm manner that wasn't disturbing any other students.
"At the Schoolhouse Gate: Free Speech in Schools." The Tully Center for Free Speech. N.p., n.d. Web. 9 Dec. 2012.
Pros
Cons
Students can express their opinion.
Students expressing themselves with no boundaries
could cause fights.
Students can protest if they don't believe in
something the school is doing.
Other students may be offended.
Students are practicing the democracy they
will see in the real world after they graduate.
If a student expresses their opinion that someone else doesn't
agree with, they could be put in danger.
"Hazelwood School District v. Kuhlmeier." FindLaw | Cases and Codes. N.p., n.d. Web. 27 Nov. 2012.
"Bethel School District No. 403 v. Fraser."FindLaw | Cases and Codes. N.p., n.d. Web. 09 Dec.2012.
"Tinker Vs. Des Moines Independent School District."Tinker Vs. Des Moines Independent School District. N.p., n.d. Web. 09 Dec. 2012.
In the Bethel School District No. 403 v. Fraser case, a student was suspended for presenting a speech in front of the school that was vulgar and lewd. A case was filed stating that the student's First Amendment rights of Freedom of Speech had been violated. The Supreme Court ruled that his rights were not violated because schools are allowed the regulate their students' speech in some ways.
In the Hazelwood School District v. Kuhlmeier case, students were punished for writing an article in the school newspaper about pregnancy and divorce. They sued on the grounds that they were not receiving their Free Speech rights guaranteed by the First Amendment. However, the court ruled that the students' rights had not been violated.
In the Tinker v. Des Moines Independent School District case, freedom of speech was the main goal as well. Several students of the Des Moines School District were suspended for wearing black arm bands in protest of an American government policy involving the Vietnam war. When the students' parents took the case to the Supreme Court, the decision was in favor of the students. They could not be punished for protesting peacefully in school.
Conclusion
I think in some cases, students' speech should be limited in schools but only it poses a true threat to other students. Schools are supposed to be an environment for learning, not vulgar language. However, any decision made by schools officials to prohibit student speech should not infringe upon the rights of the student.
Works Cited Bethel School District No. 403 v. Fraser. FindLaw | Cases and Codes. N.p., n.d. Web. 09 Dec. 2012.
Bill of Rights - Transcript.First State Patriots. N.p., n.d. Web. 09 Dec. 2012.
Freedom of Speech and Expression.Students! Know Your Rights. N.p., n.d. Web. 28 Nov. 2012.
Frequently Asked Questions: Speech. First Amendment Center. N.p., n.d. Web. 09 Dec. 2012. Holding/Napa, Reynolds, and Calif. "Fighting for Free Speech in Schools." Time. Time, n.d. Web. 27 Nov. 2012.
Hazelwood School District v. Kuhlmeier.FindLaw | Cases and Codes. N.p., n.d. Web. 27 Nov. 2012.
Hazelwood School District v. Kuhlmeier.SPLC. N.p., n.d. Web. 09 Dec. 2012.
Hazelwood v. Kuhlmeier (1988): Censorship, Student Press Rights.Landmark Cases of the U.S. Supreme Court. N.p., n.d. Web. 11 Dec. 2012.
Preface to 'Do School Policies Respect Students' Rights?'.School Policies. Ed. Jamuna Carroll. Detroit: Greenhaven Press, 2008. Opposing Viewpoints. Gale Opposing Viewpoints In Context. Web. 9 Dec. 2012.
The Five Freedoms - Court Case.First Amendment Schools. N.p., n.d. Web. 09 Dec. 2012.
Tinker v. Des Moines (1969): Student Speech, Symbolic Speech.Landmark Cases of the U.S. Supreme Court. N.p., n.d. Web. 11 Dec. 2012.
Tinker Vs. Des Moines Independent School District.Tinker Vs. Des Moines Independent School District. N.p., n.d. Web. 09 Dec. 2012.
Students' Rights. Current Issues: Macmillian Social Science Library. New York: Macmillan Reference USA, 2003. Gale Opposing Viewpoints In Context. Web. 11 Dec. 2012.
Allison Edge
Do students still have all their First Amendment rights, including Freedom of Speech, while in public school?
The question of whether students retain all of their First Amendment rights while at school has been evaluated many times over the past few decades. In the Tinker v. Des Moines case, students were suspended for wearing black arm bands to protest the Vietnam war. A case was filed against the school district stating that the students had been denied their Freedom of Speech rights. The court ruled in favor of the students. This allowed the students to express themselves in a calm manner that wasn't disturbing any other students.
Suspension Cartoon 1." Cartoon Stock. N.p., n.d. Web. 9 Dec. 2012.
"At the Schoolhouse Gate: Free Speech in Schools." The Tully Center for Free Speech. N.p., n.d. Web. 9 Dec. 2012.
could cause fights.
something the school is doing.
will see in the real world after they graduate.
agree with, they could be put in danger.
"Bethel School District No. 403 v. Fraser." FindLaw | Cases and Codes. N.p., n.d. Web. 09 Dec.2012.
"Tinker Vs. Des Moines Independent School District." Tinker Vs. Des Moines Independent School District. N.p., n.d. Web. 09 Dec. 2012.
In the Bethel School District No. 403 v. Fraser case, a student was suspended for presenting a speech in front of the school that was vulgar and lewd. A case was filed stating that the student's First Amendment rights of Freedom of Speech had been violated. The Supreme Court ruled that his rights were not violated because schools are allowed the regulate their students' speech in some ways.
In the Hazelwood School District v. Kuhlmeier case, students were punished for writing an article in the school newspaper about pregnancy and divorce. They sued on the grounds that they were not receiving their Free Speech rights guaranteed by the First Amendment. However, the court ruled that the students' rights had not been violated.
In the Tinker v. Des Moines Independent School District case, freedom of speech was the main goal as well. Several students of the Des Moines School District were suspended for wearing black arm bands in protest of an American government policy involving the Vietnam war. When the students' parents took the case to the Supreme Court, the decision was in favor of the students. They could not be punished for protesting peacefully in school.
Conclusion
I think in some cases, students' speech should be limited in schools but only it poses a true threat to other students. Schools are supposed to be an environment for learning, not vulgar language. However, any decision made by schools officials to prohibit student speech should not infringe upon the rights of the student.
Works Cited
Bethel School District No. 403 v. Fraser. FindLaw | Cases and Codes. N.p., n.d. Web. 09 Dec. 2012.
Bill of Rights - Transcript. First State Patriots. N.p., n.d. Web. 09 Dec. 2012.
Freedom of Speech and Expression. Students! Know Your Rights. N.p., n.d. Web. 28 Nov. 2012.
Frequently Asked Questions: Speech. First Amendment Center. N.p., n.d. Web. 09 Dec. 2012. Holding/Napa, Reynolds, and Calif. "Fighting for Free Speech in Schools." Time. Time, n.d. Web. 27 Nov. 2012.
Hazelwood School District v. Kuhlmeier.FindLaw | Cases and Codes. N.p., n.d. Web. 27 Nov. 2012.
Hazelwood School District v. Kuhlmeier. SPLC. N.p., n.d. Web. 09 Dec. 2012.
Hazelwood v. Kuhlmeier (1988): Censorship, Student Press Rights.Landmark Cases of the U.S. Supreme Court. N.p., n.d. Web. 11 Dec. 2012.
Preface to 'Do School Policies Respect Students' Rights?'. School Policies. Ed. Jamuna Carroll. Detroit: Greenhaven Press, 2008. Opposing Viewpoints. Gale Opposing Viewpoints In Context. Web. 9 Dec. 2012.
The Five Freedoms - Court Case. First Amendment Schools. N.p., n.d. Web. 09 Dec. 2012.
Tinker v. Des Moines (1969): Student Speech, Symbolic Speech.Landmark Cases of the U.S. Supreme Court. N.p., n.d. Web. 11 Dec. 2012.
Tinker Vs. Des Moines Independent School District. Tinker Vs. Des Moines Independent School District. N.p., n.d. Web. 09 Dec. 2012.
Students' Rights. Current Issues: Macmillian Social Science Library. New York: Macmillan Reference USA, 2003. Gale Opposing Viewpoints In Context. Web. 11 Dec. 2012.