Free Speech On Campus Analysis

Superior Essays
Over the years the ideas of the first amendment has changed, and it has become very controversial. The first amendment has become very controversial in the late 19th century and 20th century around college campuses monitoring how and what students say in today’s generation. In the article “Free Speech on Campus” by CQ Researchers readers are given the information about what the controversies concerning how far free speech extend are, how state and federal courts decided on various cases of free speech, traces of history of academic freedom of universities, and what the issues at stake in colleges hosting academic centers sponsored by authoritarian regimes.
The controversies concerning how far speech extends according to the articles free
…show more content…
In the case of Keyishian V. Board of Regents. Mr. Harry Keyishian who taught at the time English at the University of New York Buffalo. Harry Keyishian had refused to sign a faith oath to confirm he wasn’t a member of the so called communist party. The outcome was in 1949 Justice William Brennan Jr. said that academic freedom is a prime concern for free speech. It doesn’t authorize laws that would cast an orthodoxy over the classroom and in Sweezy versus New Hampshire in ’57 the court blocked House of Representatives from investigating the political views Mr. Paul Sweezy who was a comrade economist at the University of Harvard. Justice Felix Frankfurter who was a former academic had found that the questioning of Mr. Sweezy was deficient. The outcome was that students and teachers must have the right to inspect to study, look to gain a better understanding or otherwise the end result will be death. Alder versus the Board of Education. Feinberg law doesn’t defy the teachers first amendments rights because when it comes to teaching they have no rights to their jobs according the courts because they work in a precise job forming the future minds of today and their employers have the right to investigate their political beliefs but Justice William Douglas in writing said that academic freedom is the freedom of speech according to the first amendment. It was the first …show more content…
The two controversial examples provided were the President of Maryland expelling one student who wrote the email to his fellow fraternity brothers stating that to forget consent and only bring hot normal looking women over, and the University of Oklahoma President expelling the two who led the singing and the rest of the students were disciplined. Both incidents are important because they ask readers the question of: Is something punishable because it’s

Related Documents

  • Improved Essays

    Relief Sought: Petitioner filed suit against the Western Line Consolidated School District seeking reinstatement because the nonrenewal of her contract violated her First and Fourteenth Amendments. Issues: Givhan v. Western Line Consolidated School District addressed a teacher’s right to free speech under the First and Fourteenth Amendments. Facts: Bessie Givhan, a teacher in Mississippi’s Western Line Consolidated School, went into the principal’s office and expressed her opinion concerning the school’s hiring practices and policies. She believed that the practices were racially prejudiced, and after expressing her opinions, the principal claimed that the teacher made unreasonable and hostile demands. After the school year, her teaching contract was not renewed.…

    • 491 Words
    • 2 Pages
    Improved Essays
  • Superior Essays

    Dissenting Opinion This case will help introduce “another progressive time of tolerance in this cultivated by the legal that I wish, consequently, completely to renounce any reason on my part to hold that the Federal Constitution propels the instructors, folks, and chose school authorities to surrender control of the American government funded educational system to state funded school student.” (Justice Hugo Black) Educational…

    • 1080 Words
    • 4 Pages
    Superior Essays
  • Improved Essays

    In the case Hazelwood v. Kuhlmeier, the question of whether a group of students’ rights under the first amendment are violated is asked. These students had written articles for their school newspaper, which they had then submitted for review to their advisor, who passed the articles on to the principal, Robert Reynolds. Reynolds found two articles concerning, and with the approval of his superiors, eradicated the two pages that these articles were on from that publication of the newspaper. The principal’s deletion of these articles did violate the students’ rights under the 1st Amendment.…

    • 483 Words
    • 2 Pages
    Improved Essays
  • Improved Essays

    Des Moines Independent School District continues to be a landmark case in the determination of student's rights to freedom of speech and expression in schools. The legacy of this case is reflected in the way courts address issues related to student expression, especially when dealing with situations such as social media posts, off-campus speech or controversial clothing decisions. Recent legal fights have brought into focus an argument that is still ongoing: what should be included in students' rights, particularly given the digital age? Also at stake is how free speech can be maintained and ensure that an educational environment remains safe and inclusive. My thoughts on the Tinker v. Des Moines Independent School District case lead me to agree with the ruling.…

    • 520 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    In the case of Tinker V. Des Moines, it shows how the supreme court did not want students to be allowed to publicly express themselves or their opinions. Also how the teachers should have freedom of speech in school or out of school. The argument that is stronger for me is for the students and the teachers to be allowed to have freedom of speech and should always be protected. To begin with, at the public school in Tinker V. Des Moines, the students and the teachers organized a small protest against the Vietnam War.…

    • 283 Words
    • 2 Pages
    Improved Essays
  • Improved Essays

    Texas vs. Johnson (An analysis of the supreme court case Texas vs. Johnson and the current repercussions of the decision) The first amendment protects many of our basic rights such as freedom of speech, freedom of religion, freedom of the press, etc. The framers of our constitution left a broad wording to leave room for our country to grow and change as time went on. One of the adjustments our country has made over time is to define the actions and words protected under the freedom of speech. There are three basic categories of free speech; pure speech, is communication only through words, speech plus is speech plus an aid such as a sign or a chant, and symbolic speech, an action that communicates meaning without the use of words.…

    • 1129 Words
    • 5 Pages
    Improved Essays
  • Improved Essays

    Essay On Tinker Vs Moines

    • 1496 Words
    • 6 Pages

    28 Dec. 2016. This article talks about some of the background of the Tinker v Des Moines, but goes quite in-depth about the "Tinker Standard", which is the impact the this case has had on public schools and students freedom of speech and expression not being suppressed. Street Law Inc. "Landmark Cases of the U.S. Supreme Court.…

    • 1496 Words
    • 6 Pages
    Improved Essays
  • Improved Essays

    hazelwood vs. Kuhlmeler Considering the case was a school sponsored newspaper, I chose to support the majority opinion. I believe the school was under their constitutional right to get rid of those pages since the articles was obviously going to be a distraction to the students at the school. Also, the articles violated several peoples rights so it is better that they are removed. I favor a loose interpretation of this case.…

    • 446 Words
    • 2 Pages
    Improved Essays
  • Improved Essays

    The Unfair Engel v. Vitale Court Case Many court cases are viewed unfair by the public, and seem to violate the U.S. Constitution’s first amendment. A particular trial aroused my attention as well. I disagree with the Supreme Court’s decision in the Engel v. Vitale trial that declared it unconstitutional to openly lead prayer in public schools.…

    • 901 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    Therefore, they voted in favor of the Tinkers. One important phrase of the majority opinion that Justice Fortas stated was that, “…students must hold their constitutional right of freedom of speech while in public school…”, five justices showed agreement with…

    • 439 Words
    • 2 Pages
    Improved Essays
  • Improved Essays

    During this case, Justice Robert Jackson uttered, “ if there is any fixed star in our constitutional constellation, it is that no official, high or Patty, can prescribe what shall be orthodox in politics, nationalism, religion, or other matters of opinion or force citizens to confess by word or act their faith therein. If there are any circumstances which permit an exception, they do not now occur to us.” During the 1990s, American Civil Liberties Union (ACLU), over and over safeguarded students in school areas who languished retaliations…

    • 837 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    The First Amendment makes it a crime to create a law that initiates a religion, prohibits the freedom of expression, prevents individuals from carrying out their religion, ceases the press from printing and distributing what they choose to, and hinders people 's right to gather quietly or protest against authority. A few cases that were decided upon based on the First Amendment are as follows: New York Times v. Sullivan, Morse v. Frederick, Bethel School District v. Fraser and Tinker v. Des Moines Independent Community School District. The Tinker v. Des Moines Independent Community School District case establised the “disruption test” that many court cases that followed adhered to. The “disruption test” meant that an act of expression should be permitted within a school facility as long as it does not disturb school functions or attack the rights of another…

    • 1347 Words
    • 5 Pages
    Improved Essays
  • Superior Essays

    "Courts rule in the favor of who is right in the case, not just the school board although that has been argued in many cases previously." (Carroll, Jamuna, and Helen Cothran, eds. Students' Rights. Detroit: Bonnie Szumski, 2005.…

    • 1588 Words
    • 7 Pages
    Superior Essays
  • Improved Essays

    The topic of free speech on college campuses currently has been a huge hot button issue in the media, especially in the United States. The controversy this topic brings is deeply rooted in the history of not only higher education, but in the history of the development of this country. Often people are all for freedom of speech, until someone speaks out against them (as a person) or one of their core beliefs. In an effort to give full disclosure here, I believe that I should state that directly after I completed my undergraduate degree I did apply and got into Law School. While I decided not to attend Law School, I do believe that the courses I took on Pre-Law and Constitutional Law had a profound impact on my beliefs.…

    • 750 Words
    • 3 Pages
    Improved Essays