Board Of Education Vs. Fraser: Freedom Of Speech In Schools

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.

The First Amendment states, “Congress shall make no law abridging the freedom of speech.” Freedom of Speech helps those who need help and can ask the public without worry of getting in trouble. This amendment was included in the Constitution because now people e the right to advertise their work to others and have protests to things that they believe is right for the country. The amendments were important to the framers of the Constitution. The Freedom of Speech was important to the framers because of, “its diffusion of liberal sentiments on the administration of Governments.”

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.

Bethel School District v Fraser is a pivotal case heard by the United States Supreme Court in 1986. Broadly, the case involved the freedom of speech provided by the First Amendment to the US Constitution, its exercise and its limitation within the boundaries of a public school. The whole matter started during a school meeting organized by the Bethel School District (high school) in Washington State . On the 26th April of 1983, a student by the name of Matthew Fraser, 18 years old, gave a nomination speech to support the candidacy of one of his friend Jeff Kuhlman. The later, was seeking an elected position within the school student government board.

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 First Amendment rights of Alex were violated because the school went against his belief of religion and did not allow him to express it. The school administrator tampered with Alex’s First Amendment rights. Quoting from the Bill of Rights, “Congress shall make no law respecting an establishment of religion, or

The plaintiffs in the case, Brandon’s parents, were suing based on the school failing to handle harassment at the school. More claims of wrongful death because of negligence and discrimination against Brandon’s disabilities were a part of the case, as well as suing parents for harassment and emotional distress. The Myers had claimed that the staff members were fostering a system where bullying was being able to thrive in the school and have no consequence, which still seemed to be the case when the life threatening notes were given to the school and no direct action was being taken for the victim. This also includes how the district officials, along with the employees, had kept the evidence and destroyed it to essentially keep the school protected. In March of 2010, the plaintiff’s Rehabilitation Act claim was dismissed in favor of the defendants, but kept all other respects in the case.

West Virginia State Board of Education v. Barnette is a Supreme Court case related to civil liberties whose ruling answered the question, "Is a compulsory flag-salute for public schoolchildren a violation of the First Amendment?" According to a precedent case (Minersville School District v. Gobitis) with the exact same circumstances as the Barnette case, there is no violation. However, the Supreme Court completely reverses the Gobitis ruling through the Barnette ruling. In 1942, the West Virginia State Board of Education enacted a rule after the decision on the Gobitis case, requiring students to salute the flag; refusal to do so was treated as insubordination and was punishable by expulsion and charges of delinquency.

The Melton v. Young case is about a high school student that was suspended for wearing a jacket with a Confederate flag. The issue that was discussed is, whether or not the school officials could suspend a student for wearing Confederate flag. The clothing sparking racial tension was also discussed. The racial tension from the previous year was an argument for the defense because it can be said that the jacket could have refueled this. The defense also stated that the Melton family was informed of the new rules and chose to break them.

1st Amendment Wrangling There have been many supreme and district court cases that involve the first amendment. Your First Amendment rights are a heavily debated topic. Students, in particular, walk a very fine line regard to their free speech. Schools, students, and the federal government are still trying to figure out where they stand.

The First Amendment to the United States Constitution, adopted in 1791, was a response to concerns about government power and the need to protect individual liberties. It guarantees the freedom of speech, religion, press, assembly, and petition, which are fundamental rights essential to a democratic society. The founding fathers recognized that freedom of expression was critical to protecting individual rights and ensuring that the government remained accountable to the people. Today, The First Amendment is crucial for our current society because of the freedom of speech and individuality it gives its citizens.

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.

The First Amendment was written because American citizens demanded a guarantee of their freedom. This led to James Madison writing the First Amendment. The First Amendment was established when the Founding Fathers wanted to guarantee that the Americans ' basic civil liberties would not be threatened by the government. The First Amendment was confirmed, along with nine other amendments,to the constitution of the United States. The First Amendment states “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.”

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

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.