Free speech rights in high schools have typically been considered differently from those of
college students, as the high school students are typically under the age of 18. More
paternalistic policies which protect the students, including the safety and stability of the learning
environment, are more likely to be supported by the courts.
What will be an ideal response?
1. In 1969, high school students in Des Moines, Iowa, protesting the Vietnam War wore
black anti-war armbands to school. The U.S. Supreme Court back upheld the free
speech right of those students to express their political views during the school hours,
although the justices did recognize the right of school officials to maintain discipline and
order as a general principle. Now, over four decades later, would you agree with this
conclusion? If students had worn armbands to protest, say, the Iraq invasion, or the
surge in Afghanistan, should this be protected free speech?
2. In Alaska in 2002, a high school student on a school field trip unfurled a banner reading
"Bong hits 4 Jesus." The school principal confiscated the banner and suspended the
student. He sued, claiming violation of his rights of free speech. The U.S. Supreme
Court in 2007 held that this student did not have a free speech right in this situation, as
he interfered "with the work of the school or impinge[d] upon the rights of other
students." Justices in the 6-3 majority also expressed concern that the banner would
encourage drug use. Do you agree with this decision? If you disagree, what is your
justification? Is this decision consistent with the 1969 decision about students protesting
the Vietnam war?
3. At your own high school, were policies in place to restrict student free speech? In light of
these Supreme Court decisions, do you think they were justified? Are they justified in
terms of ethical principles of free speech?
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What will be an ideal response?
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