Should The 13th Amendment Be Allowed In Schools

2. In favor of the Tinker children, it could be argued that of course since they were American citizens attending an American school, they are entitled to their rights to the same extent that a non-minor not in school is. Because it has been ruled the picketing, a form of protest, is a form of symbolic speech, and wearing these black armbands is also a form of protest, that it should be protected under the First Amendment as well. This is compounded by the Fourteenth Amendment, which extends Freedom of Speech to governments, such as school systems.

However, Schenck V. United States in 1919 already set the precedent for distributing anti-war propaganda. It was ruled that the pamphlets "create[ed] a clear and present danger that they will bring