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Essay On First Amendment In Schools

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Students’ First Amendment rights have changed over time due to a series of court cases such as Tinker v. Des moines, Bethel v. Fraser, and Hazelwood v. Kuhlmeier. Tinker v moines started it by making it clear that you don't lose your rights in school. After that each case was chipping and shaping the first amendment right of students. Since tinker v moines students right have been shaping and changing because it needed to be made clear that kids (students) had rights too and don't just belong to their parents, so that children have a voice also. Initially after the tinker case, students’ rights were expanded, but recently they have become more restricted. The court case Tinker v.Des moines that occurred in 1969 helped to expand students …show more content…

In which Fraser gave an inappropriate speech which contained perverted and inferred sexual words in his speech to try an get one of his friends into office, but got suspended and was no longer allowed to speak at graduation. According to document E it says “Bethel school district acted within its permissible authority in imposing sanctions on Fraser after his inappropriate speech”.This quote shows students are limited to what they can say and can't really speak their minds without restrictions therefore this shows that this case restricts the 1st amendment rights of students even though the U.S promotes freedom of speech but nevertheless there are others way to speak without using indecent words and also it was within a place of learning. The court was right to decide in favor of the school because “A high school assembly or classroom is no place for a sexuality explict monologue.(Doc. E)”it was well within parameters of the school to punish him for using obscene and indecent speech at a school event as mentioned in document E earlier “The first Amendment does not prevent the schools officials from determining them to permit a vulgar and lewd speech such as the respondent's would undermine the school’s basic educational

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Description: Bethel School District v. Fraser began when a student, Matthew Fraser, at Bethel School, gave a designation speech to his schoolmates that the organization regarded inappropriate. This point was made clear even before Fraser gave the speech, as Frasier was told by two teachers that he presumably ought not to give the speech. Nonetheless, Fraser thought he could escape with the speech in light of the fact that it didn't actually contain any obscene words. Frasier was suspended for two days and was not permitted to talk at

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452 Words | 2 Pages

Stevens wrote "I believe a strong presumption in favor of free expression should apply whenever an issue of this kind is arguable. " In the end the court decided that the school board was correct in order to discipline Fraser about using offensive language in the wrong

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426 Words | 2 Pages

The issue in this case was whether school-sponsored nondenominational prayer in public schools violates the Establishment clause of the first amendment (Facts and Case Summary - Engel v. Vitale, n.d.). This case dealt with a New York state law that had required public schools to open each day with the Pledge of Allegiance and a nondenominational prayer in which the students recognized their dependence upon God (Facts and Case Summary - Engel v. Vitale, n.d.). This law had also allowed students to absent themselves from this activity if they found that it was objectionable. There was a parent that sued the school on behalf of their child. Their argument was that the law violated the Establishment Clause of the First Amendment, as made applicable

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276 Words | 2 Pages

Rule: The Court held 5-4 that no the First Amendment does not prevent educators from suppressing, at or across the street from a school-supervised event, student speech that is reasonably viewed as promoting

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Censorship of The First Amendment This paper will discuss how censorship denies citizens of the United States our full rights as delineated in the First Amendment. It will outline how and why the first amendment was created and included in the Constitution of the United States of America. This paper will also define censorship, discuss a select few legal cases surrounding freedom of speech and censorship as well as provide national and local examples of censorship.

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602 Words | 3 Pages

Justice Douglas stood up against any religion being involved in schools. Justice Stewart explained what the Establishment Clause really stood for, which was to prohibit state-sponsored churches. Constitutional Issue- This case involves the Constitution because it relates to the First Amendment. This student and others believed that prayer in school goes against what the Establishment Clause was created for.

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711 Words | 3 Pages

If the 1st amendment never came to pass then the U.S. and most likely the world would be much different. The U.S. would probably be more focused on maintaining the Christian religion to the point of war. Which will leave the U.S. very vulnerable and we will definitely not be the land of the free. In regards to the most recent presidential election, I believe there needs to be a mandatory test you have to pass in order to vote.

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472 Words | 2 Pages

Jackson wrote the majority opinion, the Supreme Court held that unconstitutional and a violation of the First Amendment and the Fourteenth Amendment. Under the First Amendment, the government cannot enforce laws on an individual’s will regarding of religious liberty. As long as the actions do not present a clear and present danger. The school district had clearly violated the student rights by forcing the student to salute the flag and pledge of allegiances. Jackson reasoned that by forcing the student to salute the flag it was a sign of communicated an expression of set idea.

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687 Words | 3 Pages

Which forces universities to balance not only ensuring that their students have freedom of speech on their campuses, but also maintaining their power over their students and ensuring public safety. However, the words that describe the First Amendment in the constitution are hard to define and apply. Amendments as

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462 Words | 2 Pages

In the late 1700’s, James Madison wrote the first Ten Amendments that are listed in the United States Constitution. The Bill of Rights were written to ensure American citizens that they have freedoms and rights that the government can 't infringe. Out of the Ten Amendments, I believe that the First and Eighth Amendment are the most significant. The First Amendment grants us freedom of speech, religion, press, petition, and for people to assemble peaceably.

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84 Words | 1 Pages

In 2007, after many appeals this case went on to the Supreme Court. On June 25th, 2007, the Supreme Court had a majority vote ruling for the principal and the school as they have the right to suspend a student who is demonstrating “pro-drug messages” which go against the school 's message (Morse). Frederick 's first amendment was not broken as his freedom of speech was limited at school. Marijuana at the time was an illegal substance, and due to that, Frederick was promoting something illegal.

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1175 Words | 5 Pages

Protests and the First Amendment The First Amendment of the U.S. Constitution gives people the right to assemble peacefully and to petition the government to redress grievances, but there is a question that I have asked myself. What are the ways that U.S. citizens can petition or protest the government? To answer this question I had to ask myself other questions that could help me, which are: what does “freedom of petition” mean in the First Amendment?, how do citizens petition the government and how does the government have to respond?, and what have U.S. courts said about this right? So I started looking at government publications, law journals, court cases, and forums.

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938 Words | 4 Pages

The First Amendment is the freedom of religion, speech, and the press. I feel like this amendment is most obvious one that we can’t change. We live in America where we are free to believe and say anything, so this one will never go away, I almost guarantee it. In this essay I will tell reasons why I think it is a great amendment. (Pros) Let’s start with the holocaust.

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1376 Words | 6 Pages

The first amendment of the United States Constitution protects citizens’ rights to; freedom of the press, peaceful assembly, religious freedom, the right to petition the government, and the right to free speech. The Constitution itself asserts: “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” Interpreting the first amendment has always been a subject for debate, and many citizens of the United States are unaware of what is actually protected by the first amendment, specifically in regards to freedom of speech. This lack

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448 Words | 2 Pages

What I believe in is what every redneck in the United States believes in, 2nd Amendment rights. I personally collect guns from different eras of time (WWII, and Vietnam/ Korea). Back when our nation was first founded, many rights were under fire by a tyrant king several thousand miles away. Those loyal to the crown obeyed the new laws, those that were not so friendly…

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