Learning is More Vital in the Classroom Than Free Speech: Settle v. Dickson County School Board

Abstract

INTRODUCTION|The First Amendment to the United States Constitution provides, "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." Although the United States Supreme Court has established that public school children do not lose their First Amendment right to freedom of expression at the schoolhouse gate, this right is not absolute. In fact, the United States Supreme Court's own precedent regarding freedom of expression in public schools has granted deference to a school administration's power to prescribe activity within its school system...