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Student Rights to Free Expression

The document discusses student rights to free expression in public schools, highlighting the protections under the 1st Amendment and the Supreme Court case Tinker v. Des Moines. It outlines students' rights to express religious beliefs and the limitations that can be imposed by schools, such as censorship in school-sponsored forums and dress codes. The importance of understanding and teaching these rights is emphasized.

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5 views1 page

Student Rights to Free Expression

The document discusses student rights to free expression in public schools, highlighting the protections under the 1st Amendment and the Supreme Court case Tinker v. Des Moines. It outlines students' rights to express religious beliefs and the limitations that can be imposed by schools, such as censorship in school-sponsored forums and dress codes. The importance of understanding and teaching these rights is emphasized.

Uploaded by

msantostefano
Copyright
© All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd

Unit 2 Driving Question: What are our rights, why do they matter, and how can we teach others

about them?

Rights in Schools

1st Amendment - Free Expression


Student Rights: Expression
Public school students have rights to free expression, including freedom of speech
and freedom to express religious beliefs. However, those rights can be limited in a
number of ways.

A major Supreme Court ruling that impacts expression in schools today is Tinker v. Des
Moines. The case involved students who believed their expression rights were violated
when they were suspended for wearing black armbands protesting the Vietnam War.
The Supreme Court ruled in favor of the students, but also stated that student
expression could be limited in other cases, if it caused a “substantial disruption.”

Courts have recognized that students have the right to engage in personal religious
expression during the school day or in school activities. This includes:
●​ The right to express religious belief in a school assignment without their beliefs
being judged
●​ The right to personal, private prayer
●​ The right to speak to peers about religious beliefs or distribute religious literature
●​ The right to display religious messages on clothing

The following are some limitations on student expression that have been upheld by
courts:
●​ When the speech is part of a school-sponsored forum, like a school newspaper,
schools have the same power a publisher would have to censor or otherwise
control the content printed there
●​ Schools can limit use of offensive language or language promoting illegal
activities such as drug use
●​ Schools can require uniforms or implement dress codes intended to limit
distractions and promote discipline

© 2023 President and Fellows of Harvard College. This work is licensed under a Creative Commons Attribution-Non-Commercial 4.0 International. Please reference this work with the following: The curriculum “Civic
Engagement in Our Democracy” was developed, in collaboration with educators, by the Democratic Knowledge Project, an initiative of the Edmond & Lily Safra Center for Ethics at Harvard University. This resource is
adapted with permission from materials created by LawShelf Educational Media

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