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Originally Posted by squirell nutkin
You should actually read up on what your first amendment rights are.
First, Minors do have 1st amendment rights. Second, if the school is a public school or receives funding from the government then your speech is protected. Where speech is protected is defined as a "public forum" How that forum is defined is complex. In certain circumstances a public school may not be a public forum, but I couldn't say what those might be.
Illegal speech or expression is not protected speech.
There are a number of exclusions to one's freedom of expression and hate speech or inciting to riot or exhorting someone to break the law are all unprotected speech.
Here is a pretty good summary of the First Amendment.
It's been about 15 years since I studied the topic in school, so I am a little foggy on details. Maybe I'll read the link myself.
You might make the argument that wearing the flag tshirts was inflammatory speech (therefore not protected) It is a bit ironic that wearing clothing made from or depicting the US flag, during the Viet Nam war would be grounds for a summary ass whipping while the cops made sure no one broke up the fight.
Times, they are a changin' |
My point was that students first amendment rights are not absolute.
Probably the most recent case regarding student first amendment rights.....Morse v Frederick.
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Morse v. Frederick, 551 U.S. 393 (2007) was a school speech case in which the United States Supreme Court held that the First Amendment does not prevent educators from suppressing student speech, at a school-supervised event, that is reasonably viewed as promoting illegal drug use.[1]
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IMO, this is not a first amendment issue....and, none of us know the intent of the students.
Was it to express patriotism and freedom or was to be provocative (to the point that the administrator thought it might pose a danger) given the recent focus on illegal immigration.