appeal to the Supreme Court directly. The Constitution says that Congress (and the States) may not abridge the right to free speech. Courts applying the "disruption" test under Tinker have held that schools may prohibit students from wearing clothing with Confederate symbols. A prohibition against expression of opinion, without any evidence that the rule is necessary to avoid substantial interference with school discipline or the rights of others, is not permissible under the First and Fourteenth Amendments. There is no indication that the work of the schools or any class was disrupted.
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South Carolina State College, 272. Nebraska, supra, at 402. Kuhlmeier believed that controlling school publications stifled the students free thought and expressions; it limited them to only school-approved subjects or opinions. In fact, I think the majority's reason for invalidating the Nebraska law was that it did not like it, or, in legal jargon, that it "shocked the Court's conscience "offended its sense of justice or was "contrary to fundamental concepts of the English-speaking world. Although I agree with much of what is said in the Court's opinion, and with its judgment in this case, I 515 cannot share the Court's uncritical assumption that, school discipline aside, the First Amendment rights of children are coextensive with those of adults. II The problem posed by the present case does not relate to regulation of the length of skirts or the type of clothing, 508 to hair style, or deportment. December 16 and 31 to express there point. Nebraska, supra, certainly a teacher is not paid to go into school and teach subjects the State does not hire him to teach as a part of its selected curriculum. Freedom of expression would not truly exist if the right could be exercised only in an area that a benevolent government has provided as a safe haven for crackpots. Dallas Independent School District, 392.2d 697 (1968 Pugsley. The court observed, "It can hardly be argued that either students or teachers shed their constitutional rights to freedom of speech or expression at the schoolhouse gate." 4 Justice Abe Fortas wrote the majority opinion, holding that the speech regulation at issue in Tinker was.
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Background summary and questions about the case.
At a public school.
Des, moines, Iowa, students organized a silent protest against the Vietnam War.
Des, moines : Establishing the Right.