Students' Right to Free Speech

The First Amendment in the Bill of Rights states, "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances." I reitterate, shall make no law abridging the freedom of speech. . .

The justice system in America tries to maintain justice and equality to keep the existing peace. It is their duty to interpret the Constitution, enforce laws, and punish those who disobey the laws. A common topic of interest in law is one's freedom of speech. People question how much freedom they have and what they are and aren't allowed to say. There have been many disputes regarding this, starting with the Tinker v. Des Moines case. In this case, Mary Beth Tinker chose to disobey a rule the school had enforced stating that they were not allowed to wear armbands showing any sort of affiliation. Tinker, beleiving this was unfair, chose to continue wearing the armband to show her opposition towards the Vietnam War. When the dispute was brought to court the judge concluded that there was no clear disruption or danger to other students, therefore she should not have been punished because it was her free right to speech.

The Tinker case was one of the first cases to deal with freedom of speech and as the years passed, the court concluded that people lose this right when they impose danger or disrupt the surrounding peace. Tinker was not doing either of those, but simply trying to show her opposition with a wristband. She was not verbally expressing herself in a manner that was immature or inappropriate. She was using symbolic speech by wearing this armband. She was not using "fighting words" or causing "distress or violence." Tinker had the right to express herself freely.

Once again, the question comes up: what is covered under one's right to free speech? I believe individuals have every right to express themselves, but that they do so in a mature and appropriate way. People can make a point and send a message without using vulgar language and violence, or disrupting peace. But when one does not follow these guidelines, it is the court's duty to punish him or her. In America, people have been raised to respect one another and themselves, yet people still fail to express themselves in a respectful manner.