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Tashiana Johnson

Research Paper

December 15, 2017

Red Tape or No Tape

Through the Constitution every legal citizen of the United States is granted their

constitutional rights. If a citizen believes that one’s rights is being violated then they can

challenge the opposing person, in some cases the government, of doing such thing.

However, in school the line between civil rights is thinly drawn so it is hard to tell when

one’s rights is violated. Some people would argue that a student’s rights should be

restricted by the school district to promote a safe environment while others believe that

students have the right to the freedom of speech and expression in any way they

please.

Free speech is a component that sets the United States apart from other

countries in the word that suppresses its citizens’ speech. The First Amendment states

that ‘Congress shall make no law…prohibiting the free exercise thereof; or abridging the

freedom of speech.’ Students are legally granted the right to express their beliefs

because their constitutional rights don’t leave them when they enter school grounds

(Darden).To schools, free speech is clarified as speech at which is agreed upon to

higher administration(Rampell).

In 1969, Tinker brought Des Moines Independence Community School District to

the Supreme Court. It has been one of the most influential case to reach the US

Supreme Court about free speech in school (Darden).This case was about Iowa

students wearing black armbands around school to express their disinterest of the U.S.
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involvement in the Vietnam War. As more incidences happen like this, moreover, the

Constitution is loosely applied to considered free speech not only as words but clothes,

websites, performances and art. Believers of the first amendment’s right to protect

students freedom of speech would rule that this entirely goes against what the school

cannot regulate. If a student wants to wear an item of clothing to represent their distrust

in the government then it should not be challenged.

Surprisingly, there are many people who are for the restrictions on the freedom of

student expression in schools. One federal court stated that learning holds a higher rank

over free speech in classrooms.Therefore, if there was a problem that the school had

with a student,who was interrupting instructional time,would triumph over the freedom of

the student’s speech. Students can try to fight the school if their speech wouldn’t have

provoked “substantial disruption” during school activities or invade others rights

(Darden).

The Free Speech Clause weigh and balance two important concepts in school:

produce a healthy and inclusive environment for student and the granted establishment

to express themselves. The line between the is complex in any and every situation.The

Constitution applies but the rights of students are restricted based upon the fact that

they are underage, adults are the teachers, and schools need a peaceful environment

to achieve success for all students.