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or maybe its another amendment but like say if a teacher asked you a question about a note you wrote, do you have to say anything to her since your protected by the first amendment or do you have to say something cause we were talking about the amendments in class today so i was just wondering. oh, if you dont have to say anything to her, what do you say to tell her that?

2007-03-08 15:44:46 · 9 answers · asked by Anonymous in Politics & Government Law & Ethics

yeah i know ill get a detention but i can still envoke my 1 ammendment

2007-03-08 15:51:54 · update #1

so i dont have to sing the pledge every day?

2007-03-08 15:53:16 · update #2

9 answers

The 1st Amendement protects against government intrusion on freedom of expression (speech, press, religion, assembly), and prohibits compelled speech. It originally applied only to the federal govt, but was incorporated against the states via the 14th.

So, a govt (or a school) cannot require you to say any specific thing -- like a pledge or motto or public announcement.

But they can require you to answer questions honestly in certain circumstances. Court is one example. School is another. You can be punshed for refusing to answer a valid question posed by a teach. Or for speaking or acting out in a manner that is disruptive to other students. But you cannot be punished for refusing to sing the school song, or refusing to recite the pledge of allegiance.

2007-03-08 15:51:45 · answer #1 · answered by coragryph 7 · 1 1

How rights apply to children under 18 is a very fuzzy issue. There are rulings that say you have full constitutional rights, and there are rulings that say you only have limited rights. In practical terms, you have no constitutional basis to not respond to your teacher. If you did, it would probably fall under 5th amendment right to not incriminate yourself. In wich case you would say "I invoke my fifth amendment right agains self-incrimination." But, as I said, this is totally impractical, and will get you a swift detention.

2007-03-08 23:49:58 · answer #2 · answered by juicy_wishun 6 · 0 0

You are talking about making a statement that incriminates you!

People in classrooms who get in trouble are not protected by any amendment!

You are talking about the possibility of criminal action by the state, not the principles office by a teacher!

You might have free speech, but it doesn't exist in a classroom while in school!

2007-03-08 23:56:03 · answer #3 · answered by cantcu 7 · 1 0

The first amendment doesn't protect your scribbles on a note from being read. It protects your right to publish them, that is all.

2007-03-08 23:53:24 · answer #4 · answered by 1,1,2,3,3,4, 5,5,6,6,6, 8,8,8,10 6 · 0 0

I plea The 5th amendment the right of non-self incrimination!

2007-03-08 23:56:54 · answer #5 · answered by king cody 2 · 1 0

I think your thinking of your rights under the 5th amendment.

"No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation."

This would not apply in your situation though.

2007-03-08 23:57:47 · answer #6 · answered by neeno 5 · 1 0

You've got the right not to say anything, but that doesn't mean you won't get into trouble.

2007-03-08 23:48:01 · answer #7 · answered by Jack S 5 · 0 0

pls i wish we didnt have to, in school it doesnt work that way like they can search our lockers at anytime, and all kinds of stuff like that in school we arent protected by law

2007-03-08 23:48:02 · answer #8 · answered by devin 2 · 0 0

you will make a fine liberal, as you are already looking for ways to bend the rules to your favor.

2007-03-08 23:49:29 · answer #9 · answered by El P 3 · 1 0

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