Does the 1st amendment apply in schools?

Question

The first amendment is freedom of speech and expression. I'm planing on wearing joke glasses to picture day. Would they take the pictures with the gasses on? Sources?

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Answer 1

Please upload photo of joke glasses.

Could they pass for prescription glasses or do they have a funny nose and mustache?

Senior photos are normally taken outside of school hours, and props are commonly tolerated, sometimes even encouraged.

Slipping the photographer 10 bucks might not be a bad idea.

Also, review your student handbook, if you can make a case that the glasses do not violate the handbook guidelines then you will be fine.

Answer 2

The 1st Amendment exists so that we can criticize the government in public forums, without the fear of being arrested and put in jail.  The situation you describe is different, and I doubt that you'd be protected by the 1st Amendment.

Answer 3

I'm sure your parents are going to be so thrilled with your school pictures this year. And the photographer does not have to take your picture that way, and the teacher in charge will probably not allow it.

Answer 4

A school, in law, stands "in loco parentis" to the child, and therefore has significantly more authority over him than another government body has over an adult.

The 1st amendment, however, does apply in schools, but under limits.

For example, a school can ban the wearing of all t-shirts with text or symbols on them, but cannot (except under obscenity or hate speech laws) ban them based on the message. So "No t-shirts with text" is a legal restriction on your free speech rights. "No t-shirts with the name of a church on them" is illegal. "No necklaces with pendants" is legal. "No necklaces with crosses" is illegal.

"joke glasses" would not, under any stretch, classify as "speech", and would not be subject to 1st amendment protection anyway.

Richard

Answer 5

The key thing here isn't your rights as an American, it's the reputation of the School and the Photographer.

While they can't restrict your rights of expression to a certain degree, they ARE allowed to have rules to maintain order within their businesses.

Your school's job is to educate you AND other students. If your behavior (or expression) is interfering with the quality of education the other students receive, then you are violating other student's constitutional right of the pursuit of happiness through proper education to ensure a solid future. School is not a place to see how many idiotic pranks you can get away with. School is a place to learn.

Sure everyone loves a good laugh, but don't let them interfere with your education.

Then there's the photographer. No one wants to hire a photographer whose work looks stupid. No one wants to send their children to a school whose students look like they're running the place and doing immature stunts in the public eye. Therefore it is in the best interest of BOTH the photographer AND the school NOT to take your picture if you're acting like an idiot.

Answer 6

Students are considered to have less expectation of certain rights while in school. This can include freedom of expression and freedom from unreasonable search and seizure. As to whether they'd take the picture, usually the photographer won't care, but it might be left out of the yearbook.

Answer 7

No, not necessarily. Different rules can apply in school so long as they don't supersede the constitution. Therefore, they can refuse to take the photos and/or take the glasses from you. They may not, though. I know these photos mean nothing to you, but they may mean something to your parents or grandparents. They may mean nothing to you now but they will when you get older. I'd think about it.  

Answer 8

No... Schools are more like a evil n**i brain-washing concentration camp.  

They don't really have any [moral] rights to do what they do, but when your a kid everyone has control over you.  It sucks doesn't it?

Don't worry though, we'll get back at them when their old... the the tabels will turn, oh yes!  The tabels will turn...

Answer 9

The first ammendment applies in school...as long as you aren't trying express your freedom of religion that is.

Answer 10

ok im in school too....yes they would definitely take your glasses because they wouldnt see the humor in themm....no its not a firdst amendm,ent violation because your in school and schools have the right to tell you what you can and cant do/say while youre on their campus...so.....yeah...plus tghey make you sign a thing at the beginning of the year that says that you will follow their rules and if u dont then they can punish you which basically means that they can do whatever the **** they want to and get away with it

but hey

thats life

=)