JulianBell

TheFirstAmendment:AnunconditionalPhilosophyoraRegulatedIdeal?
Since the initial establishment oftheUnitedStatesConstitution,whichindicatesthelaws
that govern American society,therehasbeenmuchcontroversyoverwhethertheselawsapplyto
all circumstances concerning American citizens or perhaps if there are exceptions to these
regulations.

Even today as politics continues to dominate the American way of life,

constitutional issues seem unavoidable, especially when one considers the often infinite
complexity associated with the issuesfacedbymodernAmerica.. Suchcomplexissuescertainly
arise when analyzing and applying the literature found in theFirstAmendment. UndertheFirst
Amendment, Congress is obligated to protect the freedom of speech and the right of the
people peaceably to assemble (Document A). However, a considerable amountofcontroversy
arose in the 1969 case of Tinker v. Des Moines. In an attempt to protest the presence of
American GIs in the Vietnam War, young members of the Tinker family wore blackarmbands
to school, symbolizing their disapproval. Interestingly, the students were suspended until they
promised not to wear the armbands again. The case was taken to the Supreme Court which
ultimately ruled in favor of the Tinker family, finding no reasonablecausetodenythemoftheir
First Amendment rights. Shouldtherebelimitationsastotheextenttowhichfreedomofspeech
is protected under the First Amendment and should this freedombeextendedtopublicschool
students or do teachers possessabsoluteauthority?Furthermore,thelimitationsundertheFirst
Amendment will be discussed as well why students have a limited freedom of speech in the
publicschoolsystem.

In specific regards to freedom of speech,itseemsthattheFirstAmendmentisapplicable

as long as the lives of other citizens are not potentially threatened and that such threats are not
perceived by law enforcement officials. Consider the present awareness surrounding the
presence of ISIS affiliates. WhileISISmilitantshavedemonstratedanuncannyabilitytospread
across multiple regions globally, innocent civilians have been targeted and killed. Thistypeof
onslaught was more recently demonstrated in the 2015 terrorist attacks that took place in Paris,
which resulted in at least 130 deaths with many more wounded. ISIS has since claimed
responsibility for these attacks and America is on the vanguard. Because of this,anysuspected
ISIS affiliates including those who verballyorelectronicallysympathizewiththegroup,canand
more thanlikelywillbedetainedbytheFBI. Thus, thereisanobviouslimitationonthefreedom
of speech possibly, for good reason in predicting future terrorist plots. For many however,
limiting the freedom of speech is quite concerning for U.S. citizens. Similar concerns arise in
regardstotheprotectionofsymbolicspeech. Forinstance,someindividualsinsistonraisingand
showcasing the Confederate flag which reminds many, ofAmericasracisthistory demonstrated
by the unjust treatment towards people of color. However, although this kind of symbolic
speech has the potential to create an uproar, under the First Amendment, it is perhaps
constitutional to project such a symbol. In anyevent,thefreedomofspeechincludingsymbolic
speechshouldbelimitedinhopesofprotectingcitizensinpotentiallyhostilecircumstances.
In regards to the public school system, perhaps students should be granted their First
Amendment rights similarly, as long as peace and order is ensured. In other words, any
gatherings should be peaceful in nature and any symbols projected should notinciteviolenceor
aggression. As in Tinker v. Des Moines, the Supreme Court ruledthatthestudentswerefinein

wearing the armbands since the public peace associated with the school environment had not
been disturbed. A number of documents analyzed in class presentingconcurringanddissenting
views onthecase,whilealsoprovidingsimilarcasestothatofDesMoineswerealsoconsidered.
Therefore, from these specific documents, certain extrapolations canbemade. Inasimilarcase,
West Virginia Board of Education v. Barnette,symbolismwasdefinedasasimple,yetprofound
way in which to communicate ideas. It was also concluded that while one may view a certain
symbol asacceptableanotherwillviewthatsamesymbolwithdisapprovalthus,ascertainingthat
the emotion and perceptions that arise from a symbol are relative in nature (Document B).
Therefore, the manner in which teachers viewed the black armbands worn by the Tinkers was
crucial in their decision to suspend them, perhaps on the grounds that an uproar would be
apparent considering the sensitive nature of the Vietnam War. Furthermore, a photograph
depicting
Vietnam War Protestors Outside The White House,
in 1965 demonstrates a
seemingly successful peaceful protest. However, depending on the rhetoric involved and the
demeanor of the protesters, some might have been concerned for the potential of violence as
perhaps the faculty did at Des Moines (Document C). Upon the Tinkers decision to wear the
armbands, signifying their disapproval of the Vietnam War, the family received envelopes
containing hate mail in what will be termed overactive patriotism. Letters threatening the
Tinkerfamilyofteninacondescendingtone,demonstratesjusthowdividedpeoplewereandstill
are over U.S. presence in Vietnam (Document D). In specific regards to the case, Johnston
representing the Tinkers, spoke confidently about the issue at hand. Johnston said to Justice
White of The Supreme Court, ...the message the students chose in this particular incident was
specifically designedinsucha waythatitwouldnotcausethatkindofdisruption. Noneofthese

teachers testified [of disruption] at the hearing in the district court (Document E). Basedon
the prior excerpt from the case, Johnston made a strong case for the Tinker family inregardsto
their suspension from the public school. Dissenting views on the case were also presented in
class specifically, through the opinion of Hugo Black. As Black stated, I have never
believed that any person has a right to give speeches or engage in demonstrations where he
pleases and when he pleases (Document I). Blacks view also relates to Americas current
decision to limit the freedom of speech in certain,particularlytensesituations. Thus,aswasthe
outcome of the case in Des Moines, students should maintain their freedom of speech in the
public school system as long as their conduct is peaceful and abides by the school rules.
However, asindicatedinTinkerv.DesMoines,thisdoesnotnecessarilyapplytoprivateschools
sincethereisanabsenceofapublicforum.
Since the United States Constitution is a living document, capable of change, there is
constant controversy overwhichlawsapplytocertainsituations. Forsome,placingalimitations
on the freedom of speech and/ or expressionisnecessarytomaintainasenseofpeaceandorder.
Others believe these limitations should not exist and signify the arrival of a police state,
especially since American privacy has been compromised by the NSA. Only time will tell
whether the Constitution will ever be stable or instead whether it will be constantly altered in
ordertocoexistwithpoliticalagendas.

Note: Thesourcesusedinthispaperarelooselybasedonthedocumentsreadinclassand
are simply labeled as Documents AM asneeded. Alldocumentsfromclasswerenotutilizedin

the composition of this paper as only certain documents were carefully chosen to fulfill the
desiredliteraryeffect.