What can I use in my history class debate as evidence that freedom of speech has limits in school?

Question

I am arguing that in the Tinker vs. Des Moines case that Des Moines had the right to prevent students from protesting the Viatnam War. I have to prove that in the First Amendment where it says all people have freedom speech, schools can put limits on whast their students say and do.

Answer 1

Here are several:

Grayned v. City of Rockford (1972) : Anti-noise ordiance near a school building.

Hazelwood School District v. Kuhlmeier (1988) : Principal can censor the school newspaper.

Lamb's Chapel v. Center Moriches Union Free School District (1993): Churches can't meet at a school if the disctrict doesn't want them there.

Police Dep't v. Mosley, 408 U.S. 92 (1972) : picketing at school

Board of Educ. v. Pico, 457 U.S. 853 (1982) : removal of books from school libraries

Tinker v. Des Moines Independent Community School Dist., 393 U.S. 503 (1969) : black arm bands in protest to Vietnam War

Yates v. United States, 354 U.S. 298 (1957) : teaching of Communist principles

Answer 2

Think of the consequences of freedom of speech? We have had it for a long time and I have not seen anything that would come close to being as bad as not having this freedom. A freedom cannot be limited or it is not a freedom. Who do you want to limit it? Government. Government is the reason we have this freedom. Give them the ability to take other peoples freedom to say what they want and see how long it is before they start limiting your speech. Also the prosecution of yelling fire in a crowded theater is not a restriction freedom of speech. That is fraud. If you sell a vehicle to someone and lie about its history you can be prosecuted because of the fraud you have committed. That is not the same thing.

Answer 3

I don't really know if there is a specific thing you can point to in the constitution on this point.

Other than the fact that free speech infringment is only leveled against the government. Private institutions like Corporations or Schools can limit speech, without running afoul of the law.

Assuming that the speech being squashed is not to cover up criminal wrong doing on the part of the organization.

Also, the old argument that you can't yell "Fire" in a crowded room would seem to apply here. I would argue that the school was just trying to maintain good order on their campus. Look at what happened at Kent State.

Answer 4

Hazelwood School District v. Kuhlmeier. The hazelwood student newspaper wrote articles about abortian, teenage pregancy, divoriced parents, etc. The principal tried to censor the articles out, but the students fought it saying that it was their right to have freedom of speech due to the first amendment. The supreme court ruled with Kuhlmeier stating that "the school newspaper is not a public forum"

there's your censorhip.

Answer 5

Although we have the "freedom of Speech" we have to consider and use, the context within our parameters.
We should not be abusive or corrupt, this is not what freedom of speech is for but, for fact finding and air. When we start to harass people or debauch them, then we're in the Wrong, however you feel.

Facts are the order of the say, then address the situation with these facts.

Answer 6

1965 Luther Burbank High School, myself and 2 other male students suspended from school, reason: hair was to long, first amendment violated, we believed our long hair was our way of expressing our freedom to differ from the norm, though we never took action against the school we never considered it, we did return to school after 3 day suspension with our long hair in tact.

Answer 7

How about school prayer?