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American History and Society Through Music - Research Paper Example

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Freedom of speech is something that is very much protected by the courts due to the right that has been given to the all those living in the United States under the first amendment. The first amendment states that there can be no established law that will infringe certain rights of people such as the right to free speech or press or other such freedoms and that their violation permits a person to ask the government to look into the matter (USConstitution)…
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American History and Society Through Music
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American History and Society Through Music

Download file to see previous pages... The District judge and the Court of Appeal seemed to think that the school was in its right. The Supreme Court did not agree and reversed the decision with Mr. Justice Fortas giving the opinion of the court and Justice White and Stewart concurring. The majority based their opinions on the idea that the students could not be expected to leave what rights they had at the doors of the school and were not in any manner causing a disturbance. Those in dissent argued that the constitution did not protect students from any disruptive form of symbolic speech and Justice Black stated “And I repeat that if the time has come when pupils of state-supported schools, kindergartens, grammar schools, or high schools, can defy and flout orders of school officials to keep their minds on their own schoolwork, it is the beginning of a new revolutionary era of permissiveness in this country fostered by the judiciary.” (Tinker v. Des MoinesIndependent Community School District). Though Tinker has been used in various cases after it, courts are now beginning to take a view aside from that which was presented in this case. ...Download file to see next pagesRead More
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