i just don’t understand… kids are forced to go to school by the law, the constitution gives you free speech, yet the school can tell you that you can’t wear things like "anti-obama" shirts or "anti-mccain" shirts, or shirts with certain things on them… and they have dress codes.

why is this? and do they actually have the right to say you can’t wear anti-obama shirts, or anti-mccain shirts

You go to school to learn. They set up rules like a dress code to cut down on distractions that take away from the learning.

So yes, you are entitles to limited free speech. By this I mean you are allowed to wear and say what you like as long as it does not create a distraction from the learning experience.

Check out Tinker v. Des Moines Independent Community School District for more information. This is a 1969 Supreme Court caswe that dealt with students wearing black armbands in protest of the Vietnam War. Basically, SCOTUS ruled, "The First Amendment, as applied through the Fourteenth, did not permit a public school to punish a student for wearing a black armband as an anti-war protest, absent any evidence that the rule was necessary to avoid substantial interference with school discipline or the rights of others. Eighth Circuit reversed and remanded."

 

7 Responses to “What are the laws on free speech and public schools?”

  1. iplaymusicforu says:

    yes, you have free speech in the US

    BUT

    you also have to follow rules. School District rules are made so that everyone in the school can learn without disruption.

    Wearing such shirts can cause a disruption or even a fight so I am sure your common sense will tell you what must happen.

    Imagine you are the school administrator (principal) and what you would need in order to make a stable learning environment for all students in the school.
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  2. Skye says:

    What did you just say?! Give themselves?? Are you solidly deranged?! Why would you give themselves anymore?
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  3. Ebony says:

    It’s better than wearing a uniform like here in Australia.

    :)
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  4. tim h says:

    for one you are not an adult and are not necessarily entitled to all the adult rights yet. and when you become an adult you will understand more why their are dress codes and why you should attend school.

    they dont want subversion in the schools which is why you cant wear hate clothes. just imagine it could be worse , just go to a boarding or military school and then you cant hardly express your style at all as you wear all the same clothes and must assimilate and conform.

    the laws to make you go to school are there to improve americans standard of living, without it you wouldnt have this computer to enjoy as our country would probably still be a third world country. as most of us if we dont have to do something we wont, so if we dont have to go to school then less people would be educated and this country would have less progress because more people would be sitting at home being useless and never accomplishing anything, hence no progress. because we have to go to school it increases the overall amount of educated people so that you can make your life better later and hopefully everyones while your at it. like all the great people that brought this country into the standards we take for granted now. we wouldnt have all the commodities that few countries enjoy as ours does like running water, indoor toilets, electricity, cars, tvs and computers. it is our knowledge and utilization of it that has seperated this country from the rest at such a fast pace. and remember they want dress codes to help promote positive thinking not negative thinking when it applies to school to make for a better environment for all the students.
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  5. wizjp says:

    It’s a school district. They have every right to administer with an idea toward education; and as long as they policy is administered equally to all, it’s their job to do.
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  6. Mutt says:

    You go to school to learn. They set up rules like a dress code to cut down on distractions that take away from the learning.

    So yes, you are entitles to limited free speech. By this I mean you are allowed to wear and say what you like as long as it does not create a distraction from the learning experience.

    Check out Tinker v. Des Moines Independent Community School District for more information. This is a 1969 Supreme Court caswe that dealt with students wearing black armbands in protest of the Vietnam War. Basically, SCOTUS ruled, "The First Amendment, as applied through the Fourteenth, did not permit a public school to punish a student for wearing a black armband as an anti-war protest, absent any evidence that the rule was necessary to avoid substantial interference with school discipline or the rights of others. Eighth Circuit reversed and remanded."
    References :
    http://en.wikipedia.org/wiki/Tinker_v._Des_Moines_Independent_Community_School_District

  7. daaaave says:

    There is an entire string of US Supreme Court cases basically saying you have less free speech rights when at a school while you are a minor. Just the way it goes, those years are short though, enjoy them you have the rest of your life, and more particularly college, to make your political statements.
    References :

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