I need an essay written based on this outline.
Thesis: Students in schools do not lose their constitutional rights when they walk into the schoolhouse doors.
i.The first amendment to the United States Constitution limits the Government from making laws that would abridge the freedom of speech.
ii. The freedom of expression in schools has become common where the students’ rights to express political and social views are protected by the first amendment.
iii. The cases of the Tinker V Des Moines independent community school district limited schools from interfering with or enforcing any regulations that are likely to impact the student’s freedom of expression
iv. The case allows the students to make claims against the schools’ officials who might not be doing the right thing.
v. I think without the freedom of expression in schools, students would be oppressed by the school officials without them complaining.
Introduction
In the United States, one of the highly cherished principles is the right to freedom of speech. The right is enshrined in the First Amendment of the constitution, where the freedom of expression provides all the Americans an opportunity and liberty to correct the wrongdoings of the Government by speaking their minds without fear of being persecuted. Despite the concept of freedom of speech appearing to be simple, in the real world, it is a complicated thing. For instance, in the case of Schenck v United States, the supreme court declared that people are not in any way entitled to speech that presents a danger to others in society (Gray & Anthony, Pg66). In this case, individuals are prevented from altering speech that might endanger others getting injured. Basing on such capacities, the schools have been to fall victims of their constitutional rights being abridged on the basis that underage does not have the same level of constitutional rights as adults. However, it is argued that students in schools do not lose their constitutional rights when they walk int
o the schoolhouse doors. This paper would like to explore the claim where it is in support.
In recent, the freedom of expression in schools has become common where the students’ rights to express political and social views are protected by the first amendment. According to Erdie (Pg13), students do not drop their constitutional rights at the schoolhouse gate, and therefore, they are entitled to the freedom of speech and expression as part of their rights. This is to say that they possess the first amendment rights to express themselves in different ways and be able to protect themselves from oppressive school officials. In such a case, the schools’ officials act as an arm of the Government, and thus, they have the mandate to observe the bill of rights and first amendment when dealing with learns in public schools that are the most affected.
Work Cited
Erdie, Julia Wells. A Legal Analysis of Students’ First Amendment Rights in K-12 Public Education as It Relates to Internet Speech. Diss. The University of North Carolina at Charlotte, 2019.
Gray, Anthony. Freedom of speech in practice: controversial applications of law and theory. Lexington Books, 2019.
The right to freedom of speech is a fundamental principle enshrined in the First Amendment of the United States Constitution. It guarantees individuals the freedom to express their thoughts and opinions without fear of government censorship or persecution. However, when it comes to students in schools, there has been a longstanding debate about whether they retain their constitutional rights once they enter the school environment. This paper argues that students in schools do not lose their constitutional rights when they walk into the schoolhouse doors.
The first amendment to the United States Constitution limits the Government from making laws that would abridge the freedom of speech. This protection extends to students in schools as well. Although there are limitations to free speech, such as speech that presents a danger to others, students still have the right to express their views and opinions within reasonable boundaries.
The freedom of expression in schools has become increasingly recognized and protected. Students have the right to express their political and social views without fear of censorship or punishment. This recognition allows students to engage in healthy discussions and debates, fostering an environment that encourages critical thinking and active citizenship.
The landmark case of Tinker v. Des Moines Independent Community School District affirmed the rights of students to express themselves in schools. The Supreme Court held that students’ freedom of expression should not be curtailed unless it materially and substantially disrupts the educational process. This decision set an important precedent in limiting schools’ interference with students’ freedom of expression.
The Tinker case also established the right of students to bring claims against school officials who infringe upon their constitutional rights. This means that if students feel their rights have been violated, they have legal recourse to challenge the actions of school authorities.
Without the freedom of expression in schools, students would be susceptible to oppression by school officials. Allowing students to exercise their constitutional rights ensures that their voices are heard, and any abuses of power can be addressed and rectified. It empowers students to actively participate in shaping their educational experiences and contributes to a more democratic and inclusive learning environment.
In conclusion, students in schools do not forfeit their constitutional rights, including the right to freedom of speech, when they enter the school premises. The First Amendment protects students’ rights to express their opinions and engage in political and social discourse. The Tinker case has solidified these rights and set the precedent for the limitations schools can impose on students’ freedom of expression. Upholding students’ constitutional rights not only fosters an environment that promotes critical thinking and active citizenship but also safeguards against potential abuses of power by school officials. It is essential to recognize and respect the constitutional rights of students, as they are the future leaders and contributors to society.
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