What Are Key Restrictions On Speech In Public Schools

Decent Essays
In chapter 4, American Government, " The right of expression in not absolute; several key restrictions limit our ability to speak or publish opinions under certain circumstances(page 124)." The constitution protects most forms of expression, especially political speech; but, incitement of a criminal act, is not protected because they are considered " fitting words." On page 124, The supreme court states " threatening symbolic speech, such as burning a cross on the lawn of an African American family home." That is defamation of character and cannot be protected by the first amendment. Also in public schools rights of children are limited because of restrictions on speech " that interferes with school discipline or rights of others(page 126)."

Related Documents

  • Improved Essays

    Offensive speech is still constituted as free speech, and therefore is protected by the Constitution. There was a dissenting opinion, however. Justice Stevens argued that because the flag was the symbol of our nation, burning it in protest outweighed “symbolic speech.” Hazelwood vs. Kuhlmeier In May 1983, a school newspaper at Hazelwood High (called The Spectrum) was written by students.…

    • 667 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    The Supreme Court was to hear Texas v. Johnson in 1988. The most stringent protection of free speech would not protect a man in falsely shouting fire in a theatre and causing a panic. The Supreme Court has gapped with weather Laws banning expressive conduct are permissible…

    • 257 Words
    • 2 Pages
    Improved Essays
  • Improved Essays

    The Supreme Court used the Constitution in their power to support their decision. Individuals have the freedom of speech, yet are not able to offend others, while doing so. This begs the big question as to where the line is drawn. What is considered individual expression and what is counted as Government…

    • 1061 Words
    • 5 Pages
    Improved Essays
  • Superior Essays

    Oz Hewett The Political Product The Constitution is document laying out the frame of America’s government, written by the creators of this country on a piece of parchment. This document has done a good job of making sure the rights of the people are protected, and that the United States maintains order. After the writing of the Constitution, there were ten amendments made to it, commonly know as the Bill of Rights.…

    • 1300 Words
    • 6 Pages
    Superior Essays
  • Improved Essays

    United States. As PBS states, “The court famously analogized to man who cries ‘fire!’in a crowded theater … ‘the most stringent protection of free speech would not protect a man in falsely shouting fire in a theatre and causing a panic” (PBS). The effects of the court case are seen today when courts restrict speeches that cause a clear and present danger. This gives more authoritarian power for courts to interpret what is a “clear and present danger” further limiting the rights of the people. It is not to be confused with threat rhetoric that is not protected under the First Amendment.…

    • 638 Words
    • 3 Pages
    Improved Essays
  • Superior Essays

    Burning the Flag of the United States of America The First Amendment gives people the right to do the most unbelievable outrageous things and get away with it. Under the United States Constitution, the First Amendment 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.” There are many people who attempt to claim these things are unconstitutional, although it follows the First Amendment. One of the most controversial acts when it comes to the First Amendment is burning the American flag.…

    • 1774 Words
    • 8 Pages
    Superior Essays
  • Improved Essays

    The 1st Amendment right to free speech and freedom of religion allow for a citizen to fully express himself or herself, and that is what made America into the greatest nation in the world…

    • 850 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    Freedom of Speech It was in 1791 that the United States transcribed the ten amendments within the Constitution. The first amendment, Freedom of Speech, is one of the most controversial laws in today’s society. It states that Congress shall make no law that reduces ones freedom of speech or freedom of press. Although there is a law in place stating such freedoms, it is not as clear and simplistic as it states.…

    • 824 Words
    • 4 Pages
    Improved Essays
  • Decent Essays

    After reading the first amendment, I felt that the first amendment had many loopholes that the forefathers didn’t imagine at the time, such as flag burning, pornography, solicitation, and tobacco advertising. While reading, I commemorated that the first amendment was created to protect the citizens of the U.S from the power of the federal government. However, according to paragraph 5 of the article, people are misinterpreting the spirit of the amendment to cover other forms of symbolic speech like flag burning and various forms of hate speech. Hate speech and flag burning should be rewritten into the first amendment because hate speech is targeting a group of people that wouldn’t necessarily appreciate it. Flag burning should also be covered…

    • 151 Words
    • 1 Pages
    Decent Essays
  • Improved Essays

    The exact nature of the First Amendment and what types of speech it protects has been argued ever since the adoption of the Constitution. Perhaps no other section of that great document has exited so much debate. Even today, there is still disagreement. Many people feel it is their right to criticize and challenge authority. There is, however, a distinction to be drawn between constructive criticism and destructive opposition.…

    • 739 Words
    • 3 Pages
    Improved Essays
  • Superior Essays

    Legal Policy Essay The First Amendment of the United States Constitution protects freedom of speech, as considered being one of the most fundamental protection of the American way of life in a democratic society. However, it is also very clear that there are certain forms of speech are prohibited. For example, Justice Oliver Wendell Holmes wrote, “the most stringent protection of free speech would not protect a man in falsely shouting fire in a theater and causing a panic”; other limitations to freedom of speech include defamation, hate speech obscenity, and child pornography. Among all the situations with controversy, Constitution generally prohibits government’s regulation of speech, even when the speaker’s opinions are reprehensible to…

    • 995 Words
    • 4 Pages
    Superior Essays
  • Great Essays

    In the Untied States of America, the First Amendment allows individuals the right to freedom of speech, press, and religion. According to The Law of Journalism and Mass Communication, “The First Amendment to the U.S Constitution includes only 45 words. It says, 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” (Trager. p52). However, there seems to be room for debate…

    • 1175 Words
    • 5 Pages
    Great Essays
  • Improved Essays

    The civil liberty of the freedom of speech is controversial when the speech is particularly threatening to the government or any citizens, and the freedom of speech can be restricted if it is found to be a clear and present danger. The freedom of religion can be controversial, as some believe that inscriptions referencing God on the coinage and buildings of the federal government could be interpreted as a promotion of religion, while others mandate that religion was an essential part of the founding of the United States and religious references are therefore acceptable, so long as they do not promote or inhibit…

    • 728 Words
    • 3 Pages
    Improved Essays
  • Superior Essays

    Comedy In Today's Society

    • 1324 Words
    • 6 Pages

    Comically Crude The line drawn between comedy and vulgar references have become blurred in today's society. A comedian may make a joke which offends a great body of people all for the purpose of making a few laugh. Famous comedians make a living off of exploiting both groups, and individual peoples, with derogatory comments in order to make large masses of money. In the past, comedians would cross social lines and force society forward using both obscene language and seemingly deranged or lewd topics.…

    • 1324 Words
    • 6 Pages
    Superior Essays
  • Improved Essays

    Abel Fields Case Study

    • 460 Words
    • 2 Pages

    There have been many opinions about the ruling of the United States v. Fields case. In 2011, Abel Fields spoke at a public safety meeting and stated that he had received the Purple Heart and that he was a part of the military for over eight years. However, his claims were false. Some say that his statement is protected under the first amendment, however, it violates the Stolen Valor Act. This case went through different courts and the ruling was in favor of Abel Fields.…

    • 460 Words
    • 2 Pages
    Improved Essays