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“[neither] students or teachers shed their constitutional rights of freedom of speech or expression at the school house gate.”
–Tinker v. Des Moines School District

· Explain how the point of view expressed in the excerpt above could conflict with the functioning of a school.

2007-03-01 10:26:46 · 4 answers · asked by San s 1 in Politics & Government Government

4 answers

This is a loaded question. It forces you to argue against freedom of speech. The point of view expressed in the excerpt above is taken out of context. It ignores the facts in Tinker v. Des Moines.

This case involved a peaceful quiet protest that did not disturb school activities. If the protesters wanted to bang drums during school hours, the First Amendment might not protect them, because that would frustrate the educational purpose of the school.

However, the Court said, "As we have discussed, the record does not demonstrate any facts which might reasonably have led school authorities to forecast substantial disruption of or material interference with school activities, and no disturbances or disorders on the school premises in fact occurred. These petitioners merely went about their ordained rounds in school. Their deviation consisted only in wearing on their sleeve a band of black cloth, not more than two inches wide. They wore it to exhibit their disapproval of the Vietnam hostilities and their advocacy of a truce, to make their views known, and, by their example, to influence others to adopt them. They neither interrupted school activities nor sought to intrude in the school affairs or the lives of others. They caused discussion outside of the classrooms, but no interference with work and no disorder. In the circumstances, our Constitution does not permit officials of the State to deny their form of expression.

2007-03-01 10:42:04 · answer #1 · answered by David 3 · 0 0

As the judge in the case stated, people don't lose their 1st and 4th Amendment rights while they are on the school premises. Passive demonstrations, such as the wearing of an arm band or fasting can't be interpreted as being disruptive or forcing views on others. In this case, they were protesting the Viet Nam war.
There are limits to using the 1st and 4th Amendments. For example, I doubt that holding a sit-in or marching by students or teachers on the school premises is likely to be legal.

2007-03-01 10:58:53 · answer #2 · answered by BekindtoAnimals22 7 · 0 0

basically rhis means that if you are a teacher or student in a school building, you do not have the freedom of speech or expression, so your rights are limited.

2007-03-01 10:32:05 · answer #3 · answered by chargersfan_89 1 · 0 0

Actually it means the opposite of what "eskimoboy" just wrote.

2007-03-01 10:36:48 · answer #4 · answered by Ajax 3 · 0 0

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