As Americans, we have always been told to stand up for what we believe in and fight for what is right. As Americans, we have been told that we have the right to share our beliefs openly without fear of punishment for what we say. As Americans, we have been told that we have equal rights as one another and the freedom to live our lives as we please. Yet as students, we are told to act "maturely" and sensor what we say. As students, we are told to avoid discussing issues that might cause discomfort between individuals with different beliefs. As students, we are reprimanded for speaking our minds and taking advantage of the first amendment of the constitution. As an individual, I would like to know when students stopped being considered Americans, and lost the right to speak freely with others. As an individual, I would like to know why our school systems teach us that America is a marvelous country where all citizens are treated equally, while simultaneously restricting our freedom of speech and expression. As an individual, I would like to know why this injustice has yet to be changed.
Recently, I learned that there have been several court cases in the past few decades that have challenged this censorship of what students are allowed to say in school or at school functioned events. After hearing different cases and the points made from each side of the argument, I have realized that there are different circumstances that would make different outcomes more reasonable than others. It is not always black and white. The specific details of the case make a difference. The intent of the student is significant in determining if they were simply expressing their views or if they were violating school policies. In some instances, students are making political statements and that is definitely protected by the first amendment of the constitution. There are other instances, in which the student is, in fact, speaking out of term and breaking school code of conduct for reasons that are not specifically intended to make a political statement or stand. Looking at two cases in particular, made this difference clear.
In the case of Tinker v. Des Moines, two students were trying to show their opposition to the Vietnam War by wearing black arm bands to school. They were suspended until they agreed to remove the armbands because the school was concerned with it disrupting classes or making other students uncomfortable. The case was taken all way to the Supreme Court, where it was ultimately declared that the students were expressing a political opinion and this action was most definitely protected by the constitution, even in a school setting. They were not threatening people who did not agree with their opinion, nor were they doing any harmful behavior. They were simply declaring that they did not believe in war by use of symbolic speech. In the case of Morse v. Frederick, however, the students' actions were not protected by the constitution because they were not speaking about a political view. A group of students ran across their pep-rally with a banner that read "Bong Hits 4 Jesus". The main teenager who organized this banner was suspended for breaking school rules by promoting an illegal drug at a school event. The court ruled that the school had correctly punished the student because his actions were clearly in violation of school rules. In addition, his comments about illegal drugs were not referencing the opinion that marijuana should be legalized, it was only making a crude joke about a harmful substance. Clearly, there is a vast difference between these two cases due to the students' intentions and whether their actions were for political reasons or not.
After learning about these two court cases about students right to freedom symbolic speech in schools or at school functioned events, I realized that the circumstances are very important in determining if the student should be allowed to make their statement or not. While it is important for for students to have the freedom to express themselves no matter what setting they are in, it does make sense that if they are referencing illegal drugs or harmful behavior, there are places where this would be inappropriate and a school would have to step in. If the student is making a statement about his or her political views, it should one hundred percent be protected by the government.
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