Freedom of Expression: First Amendment

Abstract

The first amendment avoids congress from abridging U.S. citizens' right to freedom of expression. The report discusses the rights of students in public schools and the extent to which freedom of speech is extended. The report also examines the tinker case, and how it is applied by the judiciary, to ensure a safe educational environment for the students by not restricting their rights of expression.

Table of Contents

Introduction4

Discussion4

Freedom of expression of students4

Legal Rulings5

Tinker case and legal rulings7

Changes needed8

Conclusion8

References10

Introduction

According to the First Amendment to the U.S. Constitution, the Congress shall not make any law that would violate the freedom of speech." The right to free expression of the student is one of the most important part of the first amendment. This right encompasses dress code, speeches, publications of school and Internet communication. It becomes challenging to formulate a policy because of the presence of many ways of expressions, as they all are the means of student's communication.

Discussion

Freedom of expression of students

Freedom of speech

The First Amendment of the U.S. Constitution ensures the freedom of speech. If a student's speech is in accordance with operations and values of the school and does not impose threat to another student, the officials are required to let the student express himself openly. However, the school authorities can decide which student's speech is not appropriate, even if does not happen on school grounds.

The First Amendment does not protect the right of the students to speak or publish obscene material (with Bethel School District No. 403 v. Fraser, 1986). The court also restricted school procedures that bar the students from involving in inflammatory expressions, defamatory expressions (written or verbal), and expressions that promote Illegal actions for minors, whereas the constitution protects student expressions with financial motives (commercial speech).

Therefore, the students private expressions such as wearing things that symbolize gang or voicing racism can be restricted if that interferes with the schools policies. Students who have found involved in boycotts, walk-outs, or other protests involving such a conduct that damages property of school, or causes trouble to students, or interferes with school policies. The First Amendment protects the Students' expression of ideological or political ideas in public schools. The students, however, have a right to First Amendment to deal out private literature at school. There are different decisions regarding students' rights of expressions in voicing their religious beliefs on lifestyle such as homosexuality.

Student Appearance

Another form of expression in some schools is dress. Some school officials feel that loosely regulated dress codes can cause distraction because students start competing with each other on following the latest fashion. Some students may dress inappropriately i.e. wear clothing of a sexual, or prejudicial nature (such as gang symbols, promoting drugs tees, protesting gay shirts, Marilyn Manson tees). Students are allowed to use creative expression as long as it doesnt threat the rights of other students or obstructs the process of education.

Student's hair length, hair color, and grooming based on student health are an important ...