“I Can Say What I Want”

North Carolina A&T State University

TaBria M. Donkor

Communication Law & Ethics 393.01

Gary Guffey

February 27, 2020

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The First Amendment to the United States Constitution is a chunk of the United States

Bill of Rights. The First Amendment was written to protect individual rights of the citizens in

America (VOA, 2017). For example, The First Amendment protects the right to practicing

freedom of religion, freedom of expression, freedom of the press and the right to gather (VOA,

2017). Lastly, and what is most prevalent, is practicing the freedom of speech. It is easy to talk

back and say “I know my rights and what I can say,” but how far in depth does a black student

know The First Amendment?

The First Amendment of the United States Constitution is arguably the most

fundamental amendment to the upkeep of a democratic government (VOA, 2017). Freedom of

speech and press gives citizens the rights to communicate in writing and verbally, to add,

freedom of assembly allows them to publicly express a similar interest (VOA, 2017). The right

to petition is another right under the First Amendment and it allows citizens to criticize the

government on anything even if it is following laws (VOA, 2017). Freedom of speech is an

individual's right to speak their own beliefs, opinions or ideas without fear of government

reprisal (Legal dictionary, 2019). It is important to know your speaking rights in a country where

there are often a lot of controversies involving religion, protests and police brutality.

This paper will highlight important court cases that involve United States citizens and

their rights to criticize the government. Additionally, this research paper will focus on students of

the United States Public School System and what rights they have to freely exercise the First

Amendment in school. The First Amendment says that an individual can exercise the right to free

speech but there can be limitations to these freedoms, these restrictions are made clear in a
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number of Supreme Court cases. There are certain constraints to practicing The First

Amendment right to Freedom of Speech (U.S. Constitution amend. I). The First Amendment

reads as follows: “Congress shall make no law respecting an establishment of religion, or

prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the

right of the people peaceably to assemble, and to petition the government for a redress of

grievances” (U.S. Constitution amend. I).

Tinker v. Des Moines (1969) is a historic Supreme Court Case that assured students’

rights to free speech in public schools (ACLU, 2012). In December 1965, Mary Beth Tinker and

a group of junior high school kids wore black armbands to school to protest the Vietnam War

(ACLU, 2012). The students were asked to remove the armbands and then were suspended. At

the end of the school year, the families of the students filed a First Amendment lawsuit (ACLU,

2012). The students and families set about a four year court battle. The court constructed that the

First Amendment affects public schools, and school administration can not censor student speech

unless it disturbs the educational process (ACLU, 2012). Because the display of the black

armbands was not disruptive, the court established that the First Amendment protected the right

of students to sport them (ACLU, 2012).

Students who are enrolled in public schools have First Amendment rights to a certain

degree. In the case of Bethel School District 403 v. Fraser (1986), the Supreme Court declared

that public school officials can forbid student speech that is vulgar, lewd or just offensive

(Hudson, 2009). The case emerged when highschool junior, Matthew Fraser was disciplined by

school officials for delivering a speech full of sexual references. Fraser was suspended shortly
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after and he sued in federal court (Hudson, 2009). Fraser believed that he had the First

Amendment right to political speech under the basis of Tinker v. Des Moines (1969), which

protects a great deal of school speech that does not cause disruption (Hudson, 2009). The

schools’ administration rebutted that they had an obligation to protect younger students from

sexual and inappropriate speech (Hudson, 2009). The court's decision was to side with the school

officials because there is a distinction between political speech in Tinker, and Fraser’s sexual

speech (Hudson, 2009). The importance of this First Amendment case is to shed light on what

types of speech rights public students have and what types of speech they cannot be protected

from.

Notice, the First Amendment is not without limits, there are types of speech that do not

receive protection under the First Amendment. Furthermore, a person cannot yell “fire” in a

public place without inciting danger (Gonchar, New York Times). Individuals are not permitted

to use speech that displays a “clear and present danger” to the community; The Supreme Court

case of Schenck v. The United States (1919) declared. (Gonchar, New York Times). In the case,

Schenck v. The United States (1919), Charles Schenck distributed a leaflet that urged recently

drafted men to resist the draft because it violated their Thirteenth Amendment right, in addition

to this pamphlet he denounces the government and the war (Gonchar, New York Times).

Schenck was then arrested for violating the Espionage Act of 1917, this act made it illegal to

“obstruct the recruiting or enlistment service” (Gonchar, New York Times). Schenck advocates

that the First Amendments’ Free Speech Clause protected his right to criticize the government

but the Supreme Court ruled unanimously against him. The Supreme Court says that “Wartime

circumstances changed the rules related to the right of free speech” (Gonchar, New York Times).
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Understanding that The First Amendment does not support one against “fighting words,”

is crucial to know before babbling and voicing your views in public. A Jehovah’s Witness,

Walter Chaplinsky was handing out religious pamphlets and delivering statements in Rochester,

New Hampshire, when a crowd huddled around him to listen (Bitzer, MTSU). In the Supreme

Court case of Chaplinsky v. New Hampshire, Chaplinsky made obscene comments to a city

marshal. Walter Chaplinksky said to the marshal: “You are a God damned racketeer” and “a

damned Fascist and the whole government of Rochester are Fascists or agents of Fascists”

(Bitzer, MTSU). He was convicted for violating a New Hampshire law that forbids the use of

“offensive, derisive or annoying” words at others or preventing them from continuing their

lawful duties (Bitzer, MTSU). In concern of his conviction, Chaplinsky appealed this decision,

arguing that the state law limited his First and Fourteenth Amendment rights (Bitzer, MTSU). It

is important for young people to know that words that are “lewd, profane, insulting or ‘fighting

words’” cannot claim protection under the constitution (Bitzer, MTSU). Justice Francis W.

Murphy wrote for a unanimous court, written or spoken words are excluded from First

Amendment Protection when they institute violent reactions by listeners (Bitzer, MTSU).

The First Amendment allows American citizens many freedoms upon the United States

Constitution. Freedom of speech, freedom of religion, freedom of press, freedom to petition and

lastly the freedom to protest or gather, these are the five rights that The First Amendment

protects citizens against. There are people who are not educated on how far the First Amendment

can protect them. As stated previously, The First Amendment can protect one if they feel that

their right to speak up has been forbidden. The First Amendment can even protect a student from

choosing to not stand for The Pledge of Allegiance as well. It is critical to know what The First
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Amendment does not protect citizens of, such as “fighting words” or statements that incite

danger to others, or speeches that are not appropriate for the audience. When The First

Amendment comes to mind and you’re thinking “I can say what I want under the First

Amendment of the United States Constitution,” be careful that you know what type of speech is

protected by this freedom and what is not protected.

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References

Bitzer, J. Michael. “Chaplinsky v. New Hampshire.” Chaplinsky v. New Hampshire, Free

Speech Center, www.mtsu.edu/first-amendment/article/293/chaplinsky-v-new-hampshire.

Forsmann, Sylvia, and Kris Wright. “Our First Amendment Right To Criticize The
President Explained.” Dolan Shield, 23 Jan. 2017, dolanlawfirm.com/2017/01/first-
amendment-rights/.

Gonchar, Michael. “Why Is Freedom of Speech an Important Right? When, If Ever, Can It
Be Limited?” The New York Times, The New York Times, 12 Sept. 2018,
www.nytimes.com/2018/09/12/learning/w

Team, Content. “Freedom of Speech - Definition, Examples, Cases.” Legal Dictionary, 14

Feb. 2019, legaldictionary.net/freedom-of-speech/.

hy-is-freedom-of-speech-an-important-right-when-if-ever-can-it-be-limited.html.

“Tinker v. Des Moines - Landmark Supreme Court Ruling on Behalf of Student

Expression.” American Civil Liberties Union, 15 Nov. 2012, www.aclu.org/other/tinker-v-
des-moines-landmark-supreme-court-ruling-behalf-student-expression.

Voa. “U.S. Institutions - Why Is the First Amendment Important?” VOA, Editorials on
Voice of America, 22 Feb. 2017, editorials.voa.gov/a/the-importance-of-the-first-
amendment-/3733070.html.