American History and Society Through Music - Research Paper Example

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). A case regarding the freedom of speech among student arose and went to the Supreme Court of the United States, Tinker v.

Des Moines Independent Community School District (Tedford and Herbeck). This issue in this case was whether the banning by the school of student wearing black armbands was against the first amendments allowance of the freedom of speech. 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. Now even students are being scrutinized in depth when they invoke the right of their demonstration under the first amendment. There are other principles that are being used to enable the schools to have more power and authority to restrict students from participating or holding certain events and such to keep a maintained environment in the school itself.

Some judges have even gone as far as to say that Tinker has allowed for people to assume that even an indecent sort of speech is not being protected by the constitution and being promoted by the courts. Courts are now much more at ease to allow for Perry Education Association v. Perry Local Educators Association to provide the basis of their judgments rather than evoke the doctrine that was used and applied by the Supreme Court in Tinker. Though not an extinct case law and precedent, the Tinker case has become somewhat obsolete as courts are now moving away from the thinking that was applied in this case.

Bibliography Tedford, Thomas L. and Dale A. Herbeck. Freedom of Speech in the United States. Pennsylvania: Strata Publishing, 2009. Tinker v. Des MoinesIndependent Community School District. No. 21. Supreme Court. 24 February 1969. USConstitution. The United States Constitution. 12 February 2011 .