Freedom of Speech

Freedom of Speech is included in the First Amendment of the Bill of Rights as part of the American Constitution. Freedom of speech is hard to define. Many Americans assume it is freedom to say anything one wants; this is not true. The Supreme Court, as well as the lower courts, struggle with what exactly freedom of speech is and what is legally allowed in America and in the public schools.

In ancient Greece there were laws against three types of speech: sedition (criticism of the government), defamation (criticism of individuals), and blasphemy (criticism of religion) (America.gove Archive, 2008). These laws continued even into the 17th and 18th Century in England especially seditious libel. People were not stopped from saying or publishing what they believed. However, after they said or published it they could be subject to horrific punishments. William Twyn told people they had the "right to rebel against the government". He was arrested for imagining the king's death and criticizing the government. His punishment included being "hanged, emasculated, disemboweled, quartered, and then beheaded (America.gove Archive, 2008).

Colonists that came over to America brought with them this same idea of "Freedom of Speech" (or lack thereof) with them. Colonies passed laws within each colony restricting what could be said. The most influential case during this time period is that involving John Peter Zenger who published a newspaper that spoke out against a colonial governor. The court found that people could put into print anything that was true against the government. This led to further freedoms of speech in the colonies and eventually in the United States.

One important court case that pertains to the topic of freedom of speech is Tinker v. Des Moines Independent Community School District, 393 U.S. 503 (1969). In this case, John Tinker, Mary Beth Tinker, and Christopher Eckhardt came to school wearing black arm bands to protest the Vietnam War. These arm bands had been banned days before by school administrators who had heard of students' plans to wear them. When the three students arrived at school they were suspended and sent home. This court case went through the district court who sided with the school administration, the Eighth Circuit Court of Appeals which upheld the district court's ruling and finally the Supreme Court which sided with the students. Tinker v. Des Moines Independent Community School District is said to be a landmark case for freedom of expression in the schools (Tinker v. Des Moines Independent Community School District , 2005). It was found because the students had not disrupted their schools with their passive displays of political protest; they were protected by the First Amendment (Tinker v. Des Moines Independent Community School District , 2005). From this case administers cannot silence a student based solely on the fact they do not like the student's message.

Another important court case that pertains to freedom of speech is Bethel School District No. 403 v. Fraser (Bethel School District No. 403 v. Fraser, 478 U.S. 675 (1986) , 1986) . In the case a student gave