Freedom of speech, a controversial subject in many cases. It is a unique and very precious right that we have in America and one that we protect with almost as much zeal as we condemn it. We want to speak and express but get offended when others feel they are doing the same. On the other hand, all rights come with restrictions.
Amendment I
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.
-Bill of Rights
A pretty straight forward statement almost vague in its simplicity, I wonder if the writers really knew how many ways it would be interpreted and expanded over the years.
It is almost hard to believe that so few words, forty-five to be exact, can have such a crucial role in forming our country today. Putting aside the larger ramifications that this Amendment has had on America; politics, women's rights, equal rights, war, the economy and so on, it can effect even the quietest of citizens in big ways.
It is almost hard to believe that so few words, forty-five to be exact, can have such a crucial role in forming our country today. Putting aside the larger ramifications that this Amendment has had on America; politics, women's rights, equal rights, war, the economy and so on, it can effect even the quietest of citizens in big ways.
There are more than enough examples but, for no other reason than because of the recent date, we are going to examine the case Dariano v. Morgan Hill Unified School District. Strange, don't you think? That high school students would actually sue their school? Maybe not.
- On May 5, 2010 (Cinco de Mayo) several students wore shirts with the American Flag emblazoned on the front. The assistant principal ordered them to remove them calling them “incendiary.” Cinco de Mayo is a Mexican holiday and one could see why wearing these shirts may be a little annoying or unconventional to a person that celebrates or honors Cinco de Mayo.
Three students sued the school for violating their First Amendment Rights, before I reveal the verdict let me draw your attention to two other cases concerning the First Amendment that were very controversial.
- First, Tinker v. Des Moines Independent Community School District (1969) These students were in a similar, if not more dramatic situation. Three students wore black arm bands to school showing their protest to the Vietnam War. They were then suspended for disobeying a school rule stating that students could not wear arm bands. This rule was actually put into effect because the principal gained knowledge that a group of adults and these students planned to wear these bands for a determined amount of time. The case went to court and the school lost the case due to the First Amendment, which also protects freedom of expression.
To read more about the details of this case please go to: http://law2.umkc.edu/faculty/projects/ftrials/firstamendment/tinker.html
- I was drawn to this next case mostly because of the recurring symbol of the American Flag. In Texas v. Johnson (1989) A man burned the American Flag. Burned it. He was with a group protesting the Reagan administration by marching through the streets, chanting and then burning The Flag. No one was physically injured or in danger but many spectators were very offended. Johnson was arrested under "desecration of a venerated object in violation of a Texas statute" The case went to Court and Johnson was found not guilty. The reason being, the flag was burned at the end of a political protest and expressive conduct is protected under the First Amendment.
As I said before, freedom of speech can be controversial. Both of the above cases were politically involved, both involved adults, and both had laws or rules prohibiting the action. (The school principal prohibited arm bands and the state of Texas prohibits the desecration of a venerated object.) In both cases the First Amendment won out. However in Dariano v. Morgan Hill Unified School District they lost. There is no rule or law that prohibits wearing the Flag on any day of the year or to any place, no law banning many students from wearing that same Flag on the same day, but because the school feared violence, or racial gang violence freedom of expression was barred. The possible ramifications, physically or emotionally, to the students if this incident had remained unchecked are not known but many will wonder if the school and the court made the correct choice. They were in a catch 22 and there was not much they could do. To let the action continue, the shirts had been worn in the previous year, no one knows what could have happened. Violence had already been threatened and the school wanted to avoid “ongoing racial tension and gang violence within the school.” To make them remove the shirts "would allow those other students to impose a “heckler’s veto” on the plaintiffs protected speech."
The attorneys that represented the students vowed to appeal and you can decide for yourself whether or not that is a good idea or just a waste of time.
Works Cited
Bill of Rights, http://www.archives.gov.html
Dariano v. Morgan Hill Unified School District, http://www.firstamendmentcenter.org
Texas v. Johnson, http://www.ala.org, http://www.law.cornell.edu
Tinker v. Des Moines Independent Community School District, http://law2.umkc.edu
