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Why does students in high school today have first amendment rights?
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Should students have their 1st amendment rights upheld inside of school?
The first amendment, also known as, freedom of speech, is upheld throughout the country, whether it be for students, or employees. So the answer to your question, yes.
How does Fortas defend the majority decision that free-speech in school is constitutionally protected?
Fortas defend the majority opinion that free speech in school is constitutionally protected by saying that such an expression isn't disruptive to ...
Should students be protected by the First Amendment?
Students, as well as anyone in the United States, are protected by the First Amendment.
What court case assure freedom of expression at school?
Tinker v. Des Moines, 393 US 503 (1969)It would be a mistake to interpret the decision in Tinker v. Des Moines broadly to mean the Court "assured freedom of expression at school," which implies the school has no right to regulate any form of speech or expression generally protected by the First Amendment. It is important to recognize constitutional rights are not absolute, and have boundaries that apply more firmly in some environments than others.Tinker v. Des Moines involved three students who were suspended from school for wearing black armband as a passive protest against the United States' involvement in Viet Nam. The students weren't disruptive, and their behavior didn't interfere with the school's educational mission or interfere with other people's rights. They were punished simply because the school disapproved of their expression of opinion. (Oddly, the same school permitted students to wear jewelry displaying Nazi symbols.)The Court held that First Amendment protection adhered in school because the Fourteenth Amendment selectively applied the Bill of Rights to the states, and were not abandoned in the school environment. "First Amendment rights, applied in light of the special characteristics of the school environment, are available to teachers and students. It can hardly be argued that either students or teachers shed their constitutional rights to freedom of speech or expression at the schoolhouse gate."The Supreme Court supported students' right to the expression of opinion, even controversial opinion, in the school environment, but did not abrogate the school's right to maintain appropriate order and discipline."On the other hand, the Court has repeatedly emphasized the need for affirming the comprehensive authority of the States and of school officials, consistent with fundamental constitutional safeguards, to prescribe and control conduct in the schools. See Epperson v. Arkansas,supra, at 104; Meyer v. Nebraska, supra,at 402. Our problem lies in the area where students in the exercise of First Amendment rights collide with the rules of the school authorities."and"The school officials banned and sought to punish petitioners for a silent, passive expression of opinion, unaccompanied by any disorder or disturbance on the part of petitioners. There is here no evidence whatever of petitioners' interference, actual or nascent, with the schools' work or of collision with the rights of other students to be secure and to be let alone. Accordingly, this case does not concern speech or action that intrudes upon the work of the schools or the rights of other students."Tinker affirmed the right of students to express their opinions and admonishes, "state-operated schools may not be enclaves of totalitarianism." Schools cannot prevent students from exercising their First Amendment rights simply because they want to avoid the discomfort and unpleasantness that always accompany an unpopular viewpoint.Later DecisionsLater Supreme Court decisions regarding students' First Amendment free speech have upheld the ability of the schools to place limitations on lewd or vulgar speech, to discipline students for creating displays that reference illegal drugs, and to place limits on the content of school newspapers, provided the newspapers weren't intentionally designed as a forum for the free expression of student opinion.For more information about other First Amendment free speech cases involving public schools, see Related Questions, below.
How does Fortas defend the majority decision that free speech in school is constitutionally protected?
By citing a similar case, West Virginia v. Barnette, in which the Court decided that students are not required to salute the flag
What are bad reasons to protest in school for example Tinker v. Des Moines?
The take-away lesson is not that "protesting in school" is bad, but that the school can't punish students for expressing their opinions, even if the opinion is unpopular. Protests are acceptable as long as they aren't disruptive and don't interfere with other people's rights. The school can't preemptively infringe students' rights simply because they fear a peaceful expression of protest might cause problems.BackgroundTinker v. Des Moines involved three students who were suspended from school for wearing black armbands as a passive protest against the United States' involvement in Viet Nam. The students weren't disruptive, and their behavior didn't interfere with the school's educational mission or interfere with other people's rights. They were punished simply because the school disapproved of their expression of opinion. (Oddly, the same school permitted students to wear jewelry displaying Nazi symbols.)The Court held that First Amendment protection adhered in school because the Fourteenth Amendment selectively applied the Bill of Rights to the states, and were not abandoned in the school environment. "First Amendment rights, applied in light of the special characteristics of the school environment, are available to teachers and students. It can hardly be argued that either students or teachers shed their constitutional rights to freedom of speech or expression at the schoolhouse gate."The Supreme Court supported students' right to the expression of opinion, even controversial opinion, in the school environment, but did not abrogate the school's right to maintain appropriate order and discipline.Case Citation:Tinker v. Des Moines, 393 US 503 (1969)For more information about Tinker v. Des Moines, see Related Questions, below.
Which amendment in the bill of rights was included due to concerns about limits to citizens rights?
the first amendment.
Can you get examples of opening prayer for a school class please?
It is illegal under the establishment clause of the First Amendment for any employee of a public school to lead students in or require students to pray. Do not open your school class with a prayer.
Which amendment defends your religios rights?
There is no amendment that gives any "rights" to a religion, except that the freedom to pursue a religion shall not be infringed. You might be thinking of Amendment I, i.e. the first.
What amendment protects the rights of these people to take action?
First amendment
What Amendment rights did the Alien and Sedition Acts contradict?
first amendment
Do kids have first amendment rights?
maybe
