Freedom Of Speech In Public Schools Essay

John and Mary Beth Tinker had joined a group of public students against the Vietnam War in Des Moines, Iowa. The anti-Vietnam group planned to protest the war using black armbands. The school principals heard of their plan and responded by creating a school policy banning these black armbands. They informed the students that they would be punished if they wore the armbands. The students still wore the armbands to school and were subsequently suspended.
Because they were minors, their father filed a lawsuit. He sued for a small sum of money for the damages and a law that prevented the schools officials from enforcing their anti-armband policy. Although the District Court, agreed that students had freedom of speech, they upheld the teachers who were preventing a disturbance of
Barnette (1943) was another court case that extended freedom of symbolic speech to students of public school.
The basis for this opinion stems from the First Amendment of freedom of speech. The government shall make no law limiting freedom of speech. Public schools are a function of the government therefore the freedom of speech extends to while in school and therefore The freedom of speech extends to both students and teachers while in school.
Although Boards of Education may take action to prevent disturbance, teachers may not regulate expression without such valid reason. The board must give reasonable evidence that prohibited conduct that would disrupt the operation of the school would occur. The armbands do not impinge upon the rights of others and were therefore a passive protest. The mere wearing of armbands lends no evidence that uproarious behavior would occur. Therefore, wearing of armbands did not cause disorder/disturbance.
There is also a learning ability in expressing ones opinion. Such display promotes learning in school by debate over controversial issues. It stimulates people to make a stand and learn about pressing issues in order to make an educated