Olajuwon Roberts

Law & Ethics of Communication

What Age Young People Have Their First Amendment Rights
The constitution doesnt specifically state what age young people have their First
Amendment right under the law. 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
The key phrase in that passage is Congress shall make no law. abridging the freedom of
speech. , freedom of speech is defined as the right to express any opinions without censorship or
restraint; for example, not to speak (specifically, the right not to salute the flag). The debate
going on now is when someone can fully access their first amendment right. Young people
should have their first amendment right under the law at age 15; this is same time theyre
entering junior high school, can have a permit to drive, and apply for jobs to work.
Precedent is found in case Tinker v. Des Moines Independent School Dist. A group of
students met together and held a meeting to plan a public display of their support for a truce in
the Vietnam War. In doing so, they would wear black arm bands throughout the holiday. When
the principal found out about their plan, he stated that any student who wore the arm bands
would be asked to remove them, if not the student would be suspended. Mary Beth Tinker and
Christopher Eckhardt both wore their armbands to school and were suspended. The students
then sued the school district for violating their right of expression and sought an injunction to
prevent the school district from disciplining the students. The final Supreme Court decision was

Olajuwon Roberts
Law & Ethics of Communication
7-2 in favor of Tinker. It was concluded that the students dont lose their first amendment right
even if they are on school property but that public schools arent complete free-for-all zones. A
Schools primary mission is to educate children of all ages and to provide an environment
conducive to learning
The main take away from this case is that age matters when. The same day though of the
Tinker protest, their younger siblings did the same act of protest but weren't punished. The
reason the Tinkers younger siblings didnt get suspended is because the actions appropriate for a
seven year old vs. a thirteen or fourteen year old are different when it comes to expressing their
first amendment right. Justice Potter Stewart wrote that children are not necessarily guaranteed
the full extent of First Amendment rights. This statement is very vague in its nature. Justice
Stewart doesnt go into detail explaining exactly what he meant.
Opinion leaders on the other hand argue young people have their first amendment right in
elementary school. Precedent is found in case West Virginia Board of Education v. Barnette. In
West Virginia the Education Board required students and teachers to salute the flag as a part of
public school activities. Two sisters Marie and Gathie Barnette faced hardship due to their beliefs
as Jehovah Witnesses in school. Since they refused to salute the flag they were expelled and
couldnt return to school. This case made it to the Supreme Court and was ruled in favor of
Barnette, stating they have a First Amendment right not to salute the flag. West Virginia Board of
Education v. Barnette established that the first amendment applies in public schools.
Fifteen is the perfect age for young people to have their First Amendment rights under the
law, because at this age they are aware of their actions and the possible consequences. Fifteen is

Olajuwon Roberts
Law & Ethics of Communication
the age an individual has left junior high and is attending high school. Youre fully informed
about the constitution by this age, and understand that freedom of speech means you can say and
do what you want but consequences will follow. A great example of this is Hazelwood School
District v. Kuhlmeier. In this case, students were enrolled in a journalism class and were
responsible for writing and editing the school paper. Two articles they wanted to include dealt
with teen pregnancy and divorce about current students in the school. The first article dealt with
teenage pregnancy and featured girls from the school who were willing to share their pregnancy
experience. The second was about divorce and featured a story about a girl who blamed her
father for her parents' divorce. To ensure privacy, the students who wrote the stories changed the
names of the girls in the article posted. The principal stated that due to journalistic fairness, the
father in the divorce article needed to be informed and be given a chance to give his side of the
story. He also mentioned that changing the names of the girls wasnt enough protection and the
topic isnt appropriate for younger ages. All this led to the principal prohibiting the paper from
being published. Due to the tight time frame, the paper wasnt going to get edited before going
on to the press so the principal just eliminated entire pages. Then, the principal decided to
eliminate the whole paper and not publish it due to the articles it contained. The students then
brought the case to court. The Supreme Court ruled in favor of the Hazel School District. The
principal's actions did not violate the students' free speech rights. The school sponsored the paper
and, as such, the school had a legitimate interest in preventing the publication of articles that it
deemed inappropriate and might appear to have the imprimatur of the school. Also noted in the
case the paper was not intended as a public forum in which everyone could share views, meaning
this paper was only meant to display the research students gathered while out in the field with no

Olajuwon Roberts
Law & Ethics of Communication
bias (opinions). The paper was a limited forum for journalism students to write articles pursuant
to the requirements of their Journalism II class, and subject to appropriate editing by the school.
This case shows that the matter in which young people utilize their first amendment and the
environment can and will determine the outcome of any case.
All of these cases exhibit the violations of student rights being upheld by the courts due
to loco parentis, which is when a student is in the custody of a school; the school can and often
should act as a parent. The school has the ability to act on any action seen as a disturbance to the
schools overall goal which is to educate. If a students actions interfere with the educational
environment they are responsible for the consequences that follow. There is a thin line between
loco parentis in public and private schools though because in public schools students are not
stripped of their rights completely. Examining an individuals first amendment right from the
schools perspective of loco parentis, you can see how ethics could come in to play dealing with
the first amendment.
In 2007, the case of Morse v Frederick came about which is better known as "Bong hits 4
Jesus". The courts decided administrators could suppress off campus student speech, if it was
promoting illegal activity. Joseph Frederick (a high school student) created a banner and
displayed it on the Olympic torch route. Students held the banner from Federicks High school.
Her Principal (Deborah Morse), had it removed and had Frederick suspended. Her argument for
having Frederick suspended was that the banner was against the school's anti-drug themes and
policies. The courts voted in favor of Morse because the banner obviously created a challenge for
school officials and administrators working to educate students.

Olajuwon Roberts
Law & Ethics of Communication
The majority of these first amendment cases have a trend if you notice. Whether the case
deals with freedom of speech, freedom of press, or freedom of expression the courts decision
varies by the circumstances of the individual on trial. The cases dealing with younger individuals
most likely have the courts in their favor and the cases dealing with young adults the courts are
in the opposing favor. As an individual gets older in age certain actions arent appropriate
because the older an individual gets the more knowledge and awareness they gain pertaining to
the constitution (first amendment). Society has set standards for what is acceptable by a fifteen
year old vs. a 7 year old.
Also as you get older, you become more accountable to be responsible for your actions.
People dont realize there are exceptions to the first amendment. Even though every person is
granted their first amendment right freedom of speech, there are still words and individual
cant say in the U.S. For example, when it comes to health and safety certain restrictions are put
on individuals speech. Statements that are fighting words, obscene, terrorist threats, and false
advertising all types of words that have restrictions on them in the first amendment. The hard
part is determining exactly what words or statements actually fall under those categories, which
is something the courts dont clarify.
The argument still exist, what age do young people have their first amendment right
under the law. The answer is age fifteen! Fifteen is the age individuals start to embark on their
journey into the real world. School has taught them not only the importance of the first
amendment but also the history behind it. Education is knowledge and knowledge is power.
Those statements prove that an individual cant fully appreciate or even utilize their first
amendment right until they can fully understand what it is. In order to fully comprehend the first
5

Olajuwon Roberts
Law & Ethics of Communication
amendment you must first have a strong vocabulary which essentially doesnt develop until high
school. Individuals younger in age cant quite gasp the concept of the first amendment
completely; which is why society has different actions acceptable for different age groups.
Around age 15 youre attending high-school which means youve proven that you can learn,
comprehend, and apply information that has been taught to you over the years.
Lets examine the Santa Fe Independent School District v. Doe case, which also deals
with individuals first amendment rights. In Santa Fe, Texas its a long standing tradition for
students to give a pre-game invocation. Students were elected by classmates to give pre-game
prayers at high school football games. To counter a number of students sued the Santa Fe
Independent school district stating by allowing students to say these prayers the school was
endorsing religion, violating the Establishment Clause. The Establishment Clause forbids the
government from making any law respecting any establishment of religion. The district argued
back by stating that since the prayer came from a student, it is student speech and not statesponsored speech. The court voted 6-3 in favor of Doe ruling that the pre-game prayer at football
games portrays a government religious endorsement and does violates the Establishment Clause.
The reasoning behind the courts decision was that since the students speech wasnt private and
announced over the public address system. Also this high school wasnt ethnically diverse with
and had a dominating religion within the student population. By the school knowing this
information, its stating the support of one religion over another. The process of how the speaker
is chosen creates sectarian conflict, and only the majority religion would have their message
heard.

Olajuwon Roberts
Law & Ethics of Communication
As you can see the standards, which apply to each first amendment case, vary by a
number of considering factors. When the Supreme Court hears a case for the first time they
examine and review previous cases that they have already established precedent in to help make
the decision for the case at hand. If a survey was given to each individual on Supreme Court
asking at
age does an individual gain full access to their first amendment rights; wed get nine different
answers. The truth of the matter is because there isnt a right or wrong answer. Theres only the
most logical answer that the nation can come to as a whole. Fifteen is the most reasonable age
for an individual to have full access to their first amendment rights based on precedent found in
previous cases. At this age you are exposed to pure knowledge being taught in an education
institution about the rights that you are born with. People at this age understand and comprehend
the complexity behind knowing when and where to utilize their first amendment rights. Most
individuals believe freedom of speech means you can say whatever you say or feel and not have
any consequences because its your legal right. Thats absolutely false, freedom of speech means
you have the right to vocalize your thoughts and opinions with awareness of the consequences
that can follow. For example, if an individual yells Fire in a movie theater or Bomb, on a
plane you will immediately be arrested. Even though you did utilize your first amendment
freedom of speech you cause a state of panic and that is against the law. What if a child yelled
one of those statements, the situation would not be handled the same way if it were a fifteen year
old.
To conclude, at what age do young people have First Amendment rights under the law; is
a question that still hasnt been answered, till this day. Freedom of speech, freedom of press, and
7

Olajuwon Roberts
Law & Ethics of Communication
freedom of free expression are the three most common first amendment cases brought in from of
the Supreme Court. Based off precedent in previous cases, the most logical age to choose when
young people have their First Amendment right under the constitution is fifteen. At this age the
individual is fully aware of the constitution and legal system and knows what is expected of
them. Prime example, the Tinker case The younger siblings did the same act of protest but
didnt get punished because of societal standards and what is expected out of individuals at
certain ages. The reason young people wouldnt have First Amendment rights in elementary
school are because theyre still considered a Child. Basically children are able to makes
mistakes because they dont fully comprehend or understand the first amendment at that time in
their life. At age fifteen though youre not allowed so called mistakes when expressing your
freedom of speech because youre aware of what youre doing. The First Amendment of the
constitution is a grey area when it comes to age, because it doesnt specify. Sooner or later this
issue will need to be addressed by the Supreme Court and they will need to provide an answer.
There is too much inconsistency in the final court decision pertaining to this topic.

Olajuwon Roberts
Law & Ethics of Communication
Work Cited
"Advertisement." Landmark Juvenile Law Cases: First Amendment Web. 14 Apr. 2015.
"Constitutional Topic: Student Rights - The U.S. Constitution OnlineUSConstitution.net."
Constitutional Topic: Student Rights - The U.S. Constitution Online - USConstitution.net. Web.
14 Apr. 2015.
"Facts and Case Summary: Hazelwood v. Kuhlmeier." USCOURTSGOV RSS. Web. 14
Apr. 2015.
"First Amendment and the Meaning of "Free Speech"" First Amendment and the
Meaning of "Free Speech" Web. 14 Apr. 2015.
"First Amendment Center." First Amendment Center. Web. 14 Apr. 2015.
"First Amendment to the United States Constitution." Wikipedia. Wikimedia Foundation,.
Web. 14 Apr. 2015.
"First Amendment Schools: The Five Freedoms - Court Case." First Amendment
Schools: The Five Freedoms - Court Case. Web. 14 Apr. 2015.