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Analysis on the first amendment
Analysis on the first amendment
Analysis on the first amendment
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More handpicked essays just for you.
Analysis on the first amendment
Analysis on the first amendment
Analysis on the first amendment
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Recommended: Analysis on the first amendment
In the “Bethel School District v. Fraser” case, Fraser believed that the school violated his first amendment “freedom of speech” rights. Fraser gave a speech with some inappropriate content in it and the school gave him a three day suspension because two teachers warned him before he gave the speech. Fraser took it to court and the justices said they would shorten the suspension and let him have his right to speak at graduation because the school was taking away his freedom of speech.
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).
The students were sent home and suspended until they returned to school without the armbands. The District Court originally ruled that the school authorities’ fear of disturbance was reasonable enough to warrant the suspension of the students. The Supreme Court however, stated that fear is not enough to overcome an individual’s right to freedom
The case of Tinker v. Des Moines Independent Community School District is an important piece of history regarding the First Amendment to the U.S. Constitution and how it applies to students ' right to freedom of speech. The First Amendment states that "Congress shall make no law...abridging the freedom of speech", and the Supreme Court has the job to judge whether or not the laws violate the Constitutional Amendments. The case was the result of three students suspended from school for wearing armbands protesting the Vietnam War. According the U.S. Supreme Court, students do not shed their rights as American citizens when the students enter the school, leading the students to wear what they desire as long as it does not disrupt class. The
Fraser because both involve students’ First Amendment Rights. However, in Bethel School District v. Fraser, the Supreme Court ruled that Fraser’s school suspension was appropriate and nondiscriminatory because while the First Amendment guarantees free speech, Fraser imprudently and vulgarly spoke at a school assembly (Walsh, 2018). The Supreme Court determined, the role of schools is to teach socially appropriate behavior and speech. It is within the school’s sole discretion whether and how to punish such speech (Decker, 2014). This decision contradicted the political speech, which the Court had protected in Tinker v. Des Moines Independent Community School District in 1969.
The principal found two article that he thought were inappropriate and said couldn't be published. Kuhlmeier and her classmates were outraged and brought this case to Supreme Court. Opinion: The lower courts said denying the students from publishing the article goes against the first amendment, no matter how appropriate it is. After this case went the the Supreme Court the lower courts decision was overturned. The Supreme Court's decision came out to be 5 to 3 in favor of Hazelwood School District.
The school suspended them, and sent them home. The Tinkers argued that their freedom of speech was violated in the court. The court ended up ruling in favor of the Tinkers. Some people sided with the school saying that the Tinker’s suspension was fair. Others say that the Tinker’s suspension was wrong.
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
In the case Brewer vs. Hamilton Middle School the Supreme Court had to decide if the school had the right to limit Ben Brewer’s first amendment right to free speech. The school had decided to add a rule to the school dress code to ban students from wearing T-shirts that depict musical groups. Ben came into school after the rule had been enacted wearing a T-shirt that depicted Hall of Rejects which is a musical group. He was given the option to flip the shirt inside out and refused to. Mr. Brewer was then given a week of in-school suspension.
The 8th Amendment is an very important Amendment in the bill of rights. As you may know the 8th Amendment helps with jaylee’s with bails, fines, and excessive force. The 8th Amendment has a meaning and a purpose and makes an enduring impact on our lives. To begin with the 8th Amendment is very important to the constitution.
I can’t fully express anything that I want and its due to the security and general welfare of other fellow peers. A lot of class work has to be censored and cant be used for the sole purpose of education. We too, students, are persons under the American Constitution . So so this extent, i can say that our government has altered the first amendment.
The 1st Amendment does allow for people to have the right to obtain a freedom of speech, however there are limitations as to what is not protected by the 1st Amendment. Whitney v. California, 274 U.S. 357 (1927) showed that freedom of speech in their nature is not absolute. The First Amendment is constructed to establish a structure that makes it illegal to stop people from practicing their religion, freedom of speech, right for a peaceful protest in any setting, and printing what they want from the press.
The second amendment is needed in the society that we live in today. It would cause a lot of trouble if people tried to amend the second amendment. I understand that the trajectory for the right to bear arm is becoming narrow and people are starting to see an issue with it. But, I believe that there are different things that can be enforced that will prevent some of these issues. Thomas Jefferson stated, “No free man shall ever be debarred the use of arms.
What does the second amendment mean to me? The second amendment, what exactly is it? what exactly does it say?, Most of us know what the constitution and the bill of rights is, because we learn about them in school, but we only learn the basics of what they mean and honestly we were all just going through the motions of being a good student. We were never asked what they actually mean to us personally or we never even thought about the personal effects they have on us until now.
The Bill of Rights was passed to protect American citizens’ freedom of religion and speech, equal treatment, and due process of law were regarded to be so important that, except for a Constitutional Amendment, a majority should not even be allowed to change these sacred rights. Rule of law was introduced in the thirteenth century and still holds true to today’s standards. Under this social contract, all persons and entities are held equally responsible for publicly enforced laws that are consistent with the principles of all human rights. The democratic republic that we live in acquires ultimate power from the citizens, who then elect officials to run our United States government. It is the hope of the electorate that the laws proposed and