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Speech freedom
Essay on laws limiting freedom of speech
Speech freedom
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More handpicked essays just for you.
Speech freedom
Essay on laws limiting freedom of speech
Speech freedom
Don’t take our word for it - see why 10 million students trust us with their essay needs.
Recommended: Speech freedom
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).
During World War I, Charles Schenck sent a copious amount of circulars over to the draftees. The circulars consisted of anti-draft sentiments and claimed that the draft was despicably supported by the capitalist system. Schenk basically told the readers to join him in protest. Schenk was unsurprisingly charged with conspiracy for his action due to violating the Espionage Act of 1917 by causing disruption in the military and attempting to prevent military recruitment. The main issue emerging from this case was whether or not Schenck’s circulars were protected by the First Amendment’s via freedom of speech.
Justice Fortas explained the majority opinion of the Supreme Court in the case of Tinker v. Des Moines Independent Community School District. One of the main points Justice Fortas maintained was that the right of freedom of speech extends onto the school grounds. Fortas explained that wearing a black armband to school did not cause disruptions to the learning in the school and is a pure form of free speech that is protected in the Free Speech Clause of the First Amendment. Fortas continued to explain that the wearing of the black armbands to school is protected under the Fourteen Amendment. This amendment prevents interference in the liberties of teachers, students and parents.
Today we see a lot of protesting and opinions being stated all over social media. In the late 1960s the United States started to get involved in the Vietnam War, which started a lot of protests because people did not want to fight in a war that mainly did not concern them. In 1968, David O’Brien wanted to express his disapproval of the war (United States v. O’Brien). So, while standing outside the Boston Courthouse, he decided to burn his drafting card in front of quite a few people (United States v. O’Brien). He did this so he could exercise his first amendment right, which is the freedom of speech and/or press (United States v. O’Brien).
In its initial years, the Vietnam War had huge amounts of help originating from US citizens. We thought that the war would not take long at all and would make new American Casualties. Their thoughts started to change once they understood that the legislature had sugar coated how "well" the war was going when in actuality, it wasn't looking good. Major offensive attacks were launched by the Viet Cong on major bases. It was a decision of good or bad for the administration, their decision was constantly awful.
The Vietnam War was fought between the North and South Vietnamese over Communism. The North pushed for a communist regime while the South favored a more democratic government. During the time of this war, the U.S. was pushing towards containing Communism, and vowed to support any nation resisting communism. Although America’s policy of containment had good intentions, this often led to the support of corrupt leaders and governments. President Ngo Dinh Diem of South Vietnam was Catholic and did not lead well.
The first Amendment declares, “Congress shall make no law… abridging the freedom of speech, or of the press…” However, after the Espionage Act was passed, during World War 1, Schenck was arrested for violating this Act by printing 50,000 leaflets that contradicted the war and the draft. As illustrated, U.S. citizens should be granted the ability to protest wars and drafts since it violates the first Amendment’s right to free speech. The Supreme Court made an invalid choice.
According to the First Amendment, Congress cannot forbid freedom of religion, speech, press, assembly, and petition. The Fourteenth Amendment prohibits United States citizens from being denied rights (US Const.). In the Tinker v. Des Moines Independent Community School District Trial, seven students wore black armbands to protest the Vietnam War. The incident occurred in December to encourage a ceasefire between North Vietnam and South Vietnam over the holidays. The students were immediately suspended after wearing the controversial armbands (LII).
Frederick case precedents were used. Tinker v. Des Moines (1969), Bethel v. Fraser (1986), and Hazelwood School District v. Kuhlmeier (1988) were the precedents used during the Morse v. Frederick court case. When the court mentioned the Tinker v. Des Moines case as a precedent they said according to the First Amendment students had the right to Freedom of Speech but “can only be prohibited if it substantially disrupts the educational process. ”(United States Courts) In this case Tinker said that the wearing of “armbands by students to protest the Vietnam War” was protected through the First Amendment because it was a “protected political speech”.
Martin Luther King Jr. was a social activist that led the Civil Rights Movement, and other movements until his assassination in 1968. On April 4, 1967 Martin Luther King Jr. wrote a speech named, “Beyond Vietnam- A Time to Break Silence” addressing the Vietnam War. The United States got involved in the Vietnam War because they wanted to stop the spread of communism. Due to the Vietnam War is that plenty of individuals, both Americans and Vietnamese were killed.
The Jungle v. Fast Food Nation Brenton Beardsley Illinois Valley Community College In the book, The Jungle and Fast Food Nation, there was several points that were brought up about the values, beliefs, political ideas, and institution. These topics played an important role in both of the books, as many people just like the family in, The Jungle, face several hardships in our country to this day. During these hard times people find several ways to get to their inner self and overcome these hardships that are in their path to success. Also, migrants go to different countries and bring their traditions with them. Involved in their traditions are their beliefs, and then they also try to expand their traditions with other people surrounding them in their new society.
“I thought the Vietnam war was an utter, unmitigated disaster, so it was very hard for me to say anything good about it” - George McGovern. There are numerous controversial topics dispersed among the subject of American history due to the amount of unethical decisions that have been made in order to improve the lives of the people or keep America out of the clutches of war. Throughout American history, historians have debated the ethical impact that the Vietnam war had on the United States. Although some people may believe that the Vietnam War achieved the goal of avoiding communism and protecting the people, the overarching idea is that it was an unjust war because of the countless lives that were lost from the participating countries, the
The war in Vietnam to do this day has gone down as one of the influential and controversial wars in United States history. The war lasted from 1955 to 1975.The nation as a whole began to uproar over the war and the major consequences of the war. There were many reasons why so many Americans were against the war. Public opinion steadily turned against the war following 1967 and by 1970 only a third of Americans believed that the U.S. had not made a mistake by sending troops to fight in Vietnam (Wikipedia). Not to mention, many young people protested because they were the ones being drafted while others were against the war because the anti-war movement grew increasingly popular among the counterculture and drug culture in American society and
Blocking freedom of speech in America is as detrimental as a traffic jam in Los Angeles. Once the traffic jam clears, some are given the chance to speed out of the untidy heap of cars while others are left behind and made late to work or school. On February 24, 1969 three Iowan students revolutionized freedom of speech. The case was called Tinker v. Des Moines which addressed if the First Amendment applied to students in a school setting. Consequently, the landmark case has been a tremendous influence on modern cases and issues pertaining to First Amendment rights.
This complexity helps the constitution to be relevant and useful guide for our country 's democratic system. There were three petitioners who were suspended from school for wearing black armbands to protest against the Government 's policy in Vietnam. In December, 1965, a group of