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First Amendment Free Speech Clause Analysis

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The First Amendment Free Speech Clause requires courts and school districts to weigh and balance the need for a safe, orderly school environment conductive to learning and guarantee the right to speak or engage in expressive activity (Darden, 2006). This means that if students are not disturbing others from learning then they are allowed to express their selves freely. This resides back to the Tinker verse Des Moines ICSD case, when principals suspended students for wearing black armbands in protest of the Vietnam War. The Supreme Court ruled in favor for the students stating that school officials must demonstrate that the speech would disrupt school activities, which in this case it did not (Darden, 2006). Speech is not just considered
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443 Words | 2 Pages

This case Tinker v. Des Moines Schools was a very interesting case argued in 1968. A lawsuit was filed against the school after three students, Two of which in high school and one in middle school were suspended from school. The school suspended the students for wearing black armbands protesting the Vietnam war. Two other students wore armbands, but were in elementary school and weren't suspended. The students were fifteen year old John Tinker, sixteen year old Christopher Eckhardt, and thirteen year old Mary Beth Tinker.

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125 Words | 1 Pages

As seen in previous cases like Tinker vs. Des Moines, students have the right to political say, unless it causes disruption at school of students are promoting something that goes against the law. In the case of Tinker v Des Moines the students were not promoting anything illegal but showed their thought on the Vietnam War by wearing black armbands (Tinker). Argued in court by Kenneth W. Starr in the Morse v. Frederick case, he gave the idea that the foundation for school censorship was the case of Tinker v. Des Moines (Morse). The Justices responded back saying, that case was a different scenario as the students weren 't doing anything against the law while Frederick was encouraging the use of marijuana which was illegal (Morse).

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The Tinker versus Des Moines court case involved three minors, John Tinker, Mary Beth Tinker and Christopher Eckhart. These three wore black armbands to their schools to protest the Vietnam War and were suspended following this action. Circuit courts and the Court of Appeals in Iowa ruled that the black armbands were inappropriate attire for school. This case was then brought to a higher-up court. Eventually, this case was brought before the Supreme Court.

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445 Words | 2 Pages

For example being on a plane and yelling bomb or being in a crowded room and yelling fire when there is no bomb or fire. Yelling those things will cause people to panic and can cause problems and might injure people. Everything else should be protected under the first amendment. A quote from Benjamin Franklin, “Without Freedom of Thought, there can be no such Thing as Wisdom; and no such Thing as publick Liberty, without Freedom of Speech; which is the Right of every Man, as far as by it, he does not hurt or control the Right of another: And this is the only Check it ought to suffer, and the only Bounds it ought

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1395 Words | 6 Pages

Armband protesters suspended from school Everyone is aware of the first amendment which states that citizens should have free speech. In the Tinker v. Des Moines case, the right was violated. What actually happened in the Tinker v. Des Moines case? There were a brother and sister named John and Mary Beth Tinker who went to a Des Moines school. The Tinkers went to school one day wearing armbands to protest the Vietnam war.

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If someone is going to have a conversation with another person, than their freedom of speech should be protected, however; if someone had the sole intentions of causing harm or discomfort to the person that they were speaking with or at, then their freedom of speech may not be so protected. This should be of no concern to any persons on a college campus who are worrying about their right to freedom of speech or expression being neglected, considering that speech codes only work to prevent harm inflicted by hate speech to all students. I agree with Lawrence in that if we are going to end racism, we, as a society, have to take small steps in protecting minority

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64 Words | 1 Pages

Gavin Bissell 5th Hour 1-15-16 Intro: I support free speech uncensored. II. What is free speech?

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In some circumstances, the supreme court has held that certain types of speech are only of “low” first amendment value, such as: defamation, true threats, “fighting words,” obscenity, child pornoaphy, commercial advertising. Outside of “low” value speech, most other content-based restrictions on speech are presumptively unconstitutional. Even entertainment, vulgarity, “hate speech,” bigoted speech, blasphemy, and violent video games are protected by the first amendment. The second situations where the government can restrict speech under a less demanding standard when the speaker is in a special relationship to the government (ex. teachers). The third circumstance would be when it does so without regard to the content of the message of the speech.

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In public I can speak or express my feelings minimal restrictions. As for in a school zone I am not always available to do so. This where the amendment does not have 100% full affect. It has restrictions as to where you are, what you say, and what actions are taken after saying these things. There are plenty of restrictions as to what i can say, talk about, or wear.

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In 1969, the U.S. Supreme Court case Tinker v. Des Moines Independent Community School District upheld the right to freedom of speech of students to protest the Vietnam war by wearing black armbands. The case explained the problem that “students do not “shed their constitutional rights to freedom of speech or expression at the schoolhouse gate.” (Student) As students, we are free to express ourselves through what we wear. As students, we have every right to proclaim our beliefs

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745 Words | 3 Pages

We want kids to express themselves but it seems like they aren't allowed because it's going to be a distraction. Everyone can express themselves except black female students because their hair will disrupt the other student's

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442 Words | 2 Pages

Yes, freedom of speech should be allowed in public schools, private schools, and everything in between. There would have to be limits set so people don't get angry or offended. On that note, social media SHOULD NOT be restricted by teachers or any school staff member. It's not their job to do that. Why should our freedom of speech not be restrained?

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905 Words | 4 Pages

The idea of free speech on college campuses and the complications of it stem from those on campuses expressing views that don’t align with popular views. Implications for students who use the idea of free speech as a method for hateful actions and comments should be reprimanded, but the question remains as to whether schools should enforce tougher limitations. The freedom of speech on college campus expands to the freedoms of religion, assembly, press, and protest as well. Freedom of expression allows students to show their own political, social, and cultural views. Removing freedoms of speech and expression have consequences deeper than surface issues.

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891 Words | 4 Pages

Freedom of speech. Freedom of speech is the right to articulate one's opinions and ideas without fear of government retaliation or censorship, or societal sanction. The term freedom of expression is sometimes used synonymously, but includes any act of seeking, receiving and imparting information or ideas, regardless of the medium used. Speech is God's gift to mankind. Through speech a human being conveys his thoughts, sentiments and feeling to others.

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As human beings, we are all born with an entitlement of freedom of speech or synonymously known as freedom of expression as it is a basic human right. It is stated in the Federal Constitution and it is important for us human beings to protect our rights to freedom of speech and expression as it is the backbone for a democratic society. Having the right to express oneself freely without any restrictions is an essential part of what it means to be a free human being. Article 10 in the Federal Constitution states that; (a) every citizen has the right to freedom of speech and expression; (b) all citizens have the right to assemble peaceably and without arms; (c) all citizens have the right to form associations.

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