QUESTION
Am I protected by the first amendment if I wear something in protest to the war?
Asked on Sep 22nd, 2011 on Criminal Law - Texas
More details to this question:
If I wear a bandanna around my arm to school in protest to bring our troops home, am I defended by the first amendment?
17 ANSWERS
Criminal Law Attorney serving Howell, MI
at
Law Offices of Jules N. Fiani
Update Your Profile
Yes.
Answered on Jun 03rd, 2013 at 2:50 AM
Jacob P. Sartz
Speech depends on the time, place, and manner. The First Amendment only protects a person's rights to public speech in a public place. The First Amendment is not an absolute right. The government still has the legal authority to regulate that right within the applicable limits as determined by state and federal case law.
Answered on Oct 12th, 2011 at 2:30 AM
Adoptions Attorney serving Lansing, MI
at
Austin Legal Services, PLC
Update Your Profile
Did the bandanna say anything vulgar, profane, or inciting? Teachers nor children do not shed their rights at the schoolhouse doors. As long as the conduct is not causing some sort of disruption to the educational process, it should be permitted.
Answered on Sep 28th, 2011 at 11:28 AM
Criminal Law Attorney serving Oakland, CA
at
Dennis Roberts A Professional Corporation
Update Your Profile
You are probably safe but Supreme Court is wishy-washy on SCHOOL protests.
Answered on Sep 26th, 2011 at 5:53 AM
There are limits to first amendment protection and the ability of the school to proscribe a dress code may be such a limit.
Answered on Sep 23rd, 2011 at 12:22 PM
The First Amendment protects speech. Speech can take on many forms but schools have the right to enforce dress codes.
Answered on Sep 23rd, 2011 at 11:49 AM
Criminal Defense Attorney serving Montrose, NY
at
Law Office of Jared Altman
Update Your Profile
Somewhat. Schools are afforded latitude in dress codes for students in order to maintain order and discipline. I am not a First Amendment expert but my gut is telling me that if there is no strict dress code in your school to protect then your expression by wearing a bandana should be protected.
Answered on Sep 23rd, 2011 at 9:56 AM
Drug Crimes Attorney serving Philadelphia, PA
at
Laguzzi Law, P.C.
Update Your Profile
As long as you do not violate any public nudity laws or anything with offensive language that could cause a riot, you should be fine.
Answered on Sep 22nd, 2011 at 8:02 PM
Yes you should be, but the school also has right to protect its students from things that can be perceived as promoting gang culture etc. Therefore, your free speech right will weighed against that interest of the school.
Answered on Sep 22nd, 2011 at 7:49 PM
Criminal Law Attorney serving San Jose, CA
at
Maureen Furlong Baldwin
Update Your Profile
As you no doubt are aware, the First Amendment protects freedom of expression. However, constitutional rights are always subject to a balancing test. For example, you have the right to free speech but not the right to incite a riot. You have the right to freedom of movement for travel but we still have traffic laws.Most schools have dress policies. If the school you attend is private, you may have less rights than a public school student because you choose to attend the private school and they have certain rules in exchange.In public and private schools, dress codes have been litigated on occasion. A student breaks the dress code by making a statement. He gets disciplined or suspended, he has a right to a hearing, and the First Amendment may get brought up in the hearing. Student may lose the hearing, and then it is a matter of student suing the school district in court. So of course you have a right to freedom of expression as guaranteed by the First Amendment but if you break the school dress code, there may be consequences.
Answered on Sep 22nd, 2011 at 7:48 PM
Criminal Law Attorney serving Los Angeles, CA
at
Law Office of Edward J. Blum
Update Your Profile
The issue you describe was decided by the U.S. Supreme Court in a case called Tinker v Des Moines Independent Community School District 393 U.S. 503 (1969) in favor of First Amendment protections for students wearing anti-war clothing. This was decided during the Vietnam War. It was held to be an improper prior restraint on speech.
Answered on Sep 22nd, 2011 at 7:34 PM
Yes, but this is a gray area and similar cases (i.e. a high school student wearing an anti-Bush t-shirt to school) have recently been litigated at the US Supreme Court. In other words, don't expect the school authorities to know what to do. Their approach is often "Restrict first, ask questions later."
Answered on Sep 22nd, 2011 at 7:28 PM
General Litigation Attorney serving Shelby Township, MI
at
Law Offices of Jeffery A. Cojocar, P.C.
Update Your Profile
No, not in a school.
Answered on Sep 22nd, 2011 at 6:53 PM
Michael J. Breczinski
College yes but schools where there is a dress code the answer is probably no.
Answered on Sep 22nd, 2011 at 6:52 PM
Bankruptcy Attorney serving Federal Way, WA
at
Freeborn Law Offices P.S.
Update Your Profile
You don't say whether or not you are in a public or private school. If the school is private, the school can dictate what you can and cannot wear. If it is a public school, the school may still be able to regulate what you wear if it is deemed that your wearing apparel and colors are gang related. The bottom line test is whether or not the public welfare is impacted. To give you an example: You cannot yell "fire" in a crowded theater. I would need to know more before I can effectively answer your question.
Answered on Sep 22nd, 2011 at 6:52 PM
3 Awards
School is different and can have their own rules. You can wear your bandana in public, but not necessarily at school.
Answered on Sep 22nd, 2011 at 6:50 PM