First Amendment In School

The constitution including its amendments is considered the “supreme law of the land”. The constitution has been enhanced by being steadily challenged to further interpret the meaning. These test come through many different legal cases that are brought to the Supreme Court; for example. The first amendment states “Congress shall make no law…prohibiting…or abridging the freedom of speech…” Though there are restrictions on a person’s first amendment rights, in the Hazlewood v. Kuhlmeier case this amendment was challenge when students of the school newspaper believed their rights were taken away by the principal because two pages of articles were deleted from the paper.

Oliver: For Matthew Fraser: The 1st Amendment protections of citizens were especially designed for situations in which political speeches are made. The 1st Amendment guarantees freedom of speech. The Court, in Tinker v. Des Moines, 1969, made clear that "students do not abandon their Constitutional rights at the schoolhouse gate.

Jackson’s First Amendment right against school’s disruption, court should consider the nature of Mr. Jackson’s speech, by evaluating “manner, time, and place” in which speech occurred. Melzer v. Board of Education, 336 F.3d 185, 199 (2003). In Mr. Jackson’s case, it would be hard to argue that school had an interest in controlling Mr. Jackson’s freedom of speech. This is because the speech was held outside of school on a topic that was not related to Middleton High School. CT 4.

Bethel School District will introduce a last recourse before the United States Supreme Court and have the Supreme Court justices delivered a controversial opinion about the exercise of the freedom of expression within American schools. Mainly, as noted before, the Bethel School District v Fraser case was related the right of freedom of expression as guaranteed by the First Amendment to the US Constitution, in its exercise and its limitation within the school boundaries. On July 1986, by a majority vote of 7 against 2, the United States Supreme Court delivered a determinant opinion that will put a limitation on the exercise of the freedom of speech at school. In that opinion, Chief Justice Warren Burger set up a new rule opening the door for a legal limitation of the freedom of speech at school.

Government Regulation: The Frist Amendment & College Campuses Without a doubt college campuses attract a number of different groups. Many advocates, religious groups, hate groups, and individuals come to college campuses in hopes of expressing their opinion to impressionable college students. Under the First Amendment of the United States the Federal Government (and as applied to state governments under the Fourteenth Amendment due process clause) the freedom of speech and religions is freely allowed to expressed without restraint by the federal government. Again, everyone has a first amendment right to free speech. First Amendment issues constantly arise on college campuses, but free speech on college campuses have long been a medium in young

The First Amendment says "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof." The First Amendment has been combined into the Fourteenth Amendment and relates to the states and their divisions. The first provision is called the Establishment Clause and the second is the Free Exercise Clause. This means that there is an assurance of religious freedom that has a double layer to it. Firstly, the Establishment Clause forbids laws demanding that anyone has to accept any belief or the practice of any form of worship.

Gathercoal (2001) reminds school leaders that the Supreme Court has upheld schools may limit an individual’s right to an education if they violate one of four underlying responsibilities. Students right to an education can be limited if they willfully cause property loss or damage. They must follow rules which have a legitimate educational purpose. Students rights can also be limited if they pose a health and safety risk to themselves or others. Finally students may not cause a serious disruption to the educational process.

It also says that the government has the right to make certain things private or classified. This is often expressed in the college campus because of the latest growth in social media. The first amendment is infringed upon everyday due to social media and the fact that there are so many posts that the government cannot manage it

We’re able to express our political beliefs without being fearful that we might get sent to jail. Without this amendment, we wouldn 't be able to speak up for ourselves against the government whenever we

The school board did violate the Establishment Clause by requiring their impressionable student council members to attend biased school-sponsored board meetings that begun with Christian prayer. The overarching rule of the Establishment Clause states that, “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof.” Marsh v. Chambers, 463 U.S. 783, 790, S.Ct. 330,77 L.Ed.2d 1019 (1983). This clause intends to keep the church and the state separate of each other.

America is often referred to as the “melting pot” because it was built on many different nationalities. For centuries it has been common place that school students stand and recite the Pledge of Allegiance before beginning classes. In the past, the courts have been challenged to rule whether students are required to recite, stand during the pledge, or can remain quietly seated. This has become a monumental task for the courts to rule in favor or against these actions due to the various beliefs and traditions of the school population. Due to the controversy, students in schools should not be required to recite or stand during the Pledge of Allegiance because the act itself denies students the right to exercise their First Amendment rights to

"The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized". The 4th amendment was made based on the Founding Fathers ' experience with the Kings agents and the all purpose writ of assistances that they used abusively. Without the 4th amendment, we would be at the mercy of the police because they could come into our household, search anything and take whatever they want. "A reasonable expatiation of privacy" the 4th amendment secures the protection of the

The First Amendment saves people's everyday speech rights. In fact, according to Ala.org in 1989,”This case presented the question of whether the First Amendment prevents a school board from removing a previously approved textbook from an elective high school class because of objections to the material's vulgarity and sexual explicitness.” A schools text book was to sexual and had vulgar refrences and the svhool thought the highschoolers did not need to read it. The school didn't the the book needed to be at the school and they are allowed to take away the textbook.

The farmers of the Constitution feared that the American government would abuse their power similar to governments they dealt with in their past. With this in mind, the farmers of the Constitution created unalienable rights for all American citizens to protect us. Public entities are not sanctioned to dismiss rights of people/students whenever they see fit. Consequently, when the state decides to empower public school officials to suspend students without a hearing or notice they are entering in illegal territory.

The First Amendment to the United States Constitution states “Congress shall make no law…abridging the freedom of speech”. Some people in today’s time would argue the first amendment is one of the most important listed in the Bill of Rights. Many forms of speech are protected by the first amendment that one wouldn’t think would be such as flag burning and “adult videos”. Over the years there have been many different court cases that have debated and fought the forms of speech that are protected. Many people in society treat speech differently and this is given in the United States because there are such diverse groups throughout the nation.