NEED IN 8 HOURS NO EXCEPTIONS

The 1st Amendment of the Constitution is a tricky thing. It grants one nearly unlimited rights to exercise speech—oral or written.  Focusing exclusively on the highlighted section, locate a USSC case that ruled in favor of restriction of Free Speech or Press. Don’t use one that is already addressed by a colleague—there are plenty.

Explain the significance of the case you chose.

Which of the levels of scrutiny was used in your selected case?

“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.”

Just because you think you know this stuff:

Is there any expression of freedom protected by the 1st Amendment that you think is a mistake?

Do not use one that was already discussed by a colleague, there are plenty of possible options.

Here is the ONE that I will claim for myself, taking it off the table for you; because it was too easy, too emotional, and too misunderstood--- 

Texas v. Johnson, 491 U.S. 397 (1989)—if you don’t already know the issue for this case, make sure you do, BEFORE you choose your own issue.

Why would I say this straight-forward case was too misunderstood? 

Well even the Court went 5-4 on it, there must be some room for misunderstanding or debate.

In the majority were 1. Brennan; 2. Marshall; 3. Blackmun; 4. Scalia; & 5. Kennedy

Dissenting were 1. The Chief Justice Rehnquist;  2. White;  3.  O’Connor;  & 4. Stevens

Please, as always, indicate the person to whom you are posting a reply.

PLEASE EXPLAIN WHETHER YOU AGREE WITH MY CLASSMATE RESPONSE TO THE ABOVE QUESTION AND WHY? (A MININUM OF 125 WORDS) 

CLASSMATE’S POST

Tinker v. Des Moines Independent Community School District, 393 U.S. 503 (1969)

In December of 1965, three students were suspended for wearing black armbands to school to protest the Vietnam War. The school adopted a policy that any students wearing the bands would be suspended for causing disruption. The students refused to remove their armbands and brought suit seeking protection of their First Amendment constitutional rights to political expression. The school argued the display was a distraction and possibly a danger to students, and the case went all the way up the judicial chain. The Supreme Court didn't agree. 

The Supreme Court decided that the armbands didn't invade the rights of others even though schools have a responsibility to keep their students sage but asking students to remove the bands infringed upon their rights. By a 7-2 vote, the Court held that the students do not shed their constitutional rights to freedom of speech or expression at the school property, Tinker v. Des Moines, (1969).

This case is significant because the school is not allowed to limit a student or teachers first amendment rights. Students are now able to freely express their first amendment rights as long as it does not cause a disturbance to the classroom or school. However’ I believe that the school and principal did not violate the student’s rights.  Schools can regulate school policies and anything they believe will directly disrupt the educational process, such as the wearing clothing with indecent, obscene, or lewd messages. The school has a responsibility to provide a safe environment for students. With so much going on in our schools’ today, I wonder whether the First Amendment continues to protect the right of students to express controversial views that are not disruptive in which still goes against schools’ policy, Tinker, (1969).

Tinker v. Des Moines Independent Community School District, Oyez, https://www.oyez.org/cases/1968/21 (last visited Dec 16, 2017).