No, you can't stick your middle finger up at school
The other day in school, I overheard a conversation that intrigued me. A girl was bragging about how she stuck up her middle finger while walking through the hallway, and the teachers couldn't do anything about it. I didn't barge in to the conversation, but it got me thinking about why the girl thought she could make such a foul sign without consequence.
A popular excuse is the claim that she has "the right to free speech" in sticking up the middle finger. Firstly, what kind of "speech" is it trying to convey? To many, the sign is just like cursing. I mentioned in an earlier post that organizations can place limits your speech within their jurisdiction, but a public school falls under the control of the government, so the First Amendment does indeed apply. (If you are in a private school whose funds are not controlled by the government, then the First Amendment may not even apply to your school for the reasons in my prior post.)
The issue of First Amendment in schools has been the subject of multiple landmark Supreme Court cases, the most popular being Tinker v. Des Moines School District. In 1965, three students--John Tinker, Mary Tinker, and Christopher Eckhardt--decided to wear black armbands to their schools in protest of the Vietnam War. The school district, after learning of the plan, imposed a policy that disallowed the practice. All students who wore black armbands to school would be suspended until they complied. All three students eventually decided to disregard the policy and wore the armbands anyway. All three were suspended until January 1, 1966, when the practice had been scheduled to end. The students filed a lawsuit against the school district, arguing that the district violated their First Amendment rights to free speech. The inferior courts sided with the district, who argued that the wearing of armbands wasn't considered speech protected by the First Amendment and that the disruption caused by it was valid justification for the policy. The Supreme Court granted certiorari to the case in 1968, and sided with the students. The highest court held that:
Ask now: is sticking your middle finger a disruption to school discipline? Without doubt, if the sign is made at anyone in particular--be it another student or a teacher--they are likely to get offended. After all, the sign is commonly associated with bad faith and malice. Consequently, one should never stick it up publicly, with or without reason. Walking through the school sticking up your finger for the sake of sticking it up has a very high risk of offending someone, and thus interfering with school discipline and order. The courts have repeatedly held that schools have a valid interest in maintaining an environment of order and discipline, and this can have an effect on the on the limitations imposed by the Constitution. (e.g. New Jersey v. T. L. O.)
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| In 1965, three kids wore black armbands to school in protest of the Vietnam War. The school imposed a policy banning the practice and calling for anyone violated the policy to be suspended until they complied. The kids argued that the school violated their First Amendment rights to free speech. The case went all the way to the Supreme Court, which, by a vote of 7-2, ruled in favor of the students. |
The issue of First Amendment in schools has been the subject of multiple landmark Supreme Court cases, the most popular being Tinker v. Des Moines School District. In 1965, three students--John Tinker, Mary Tinker, and Christopher Eckhardt--decided to wear black armbands to their schools in protest of the Vietnam War. The school district, after learning of the plan, imposed a policy that disallowed the practice. All students who wore black armbands to school would be suspended until they complied. All three students eventually decided to disregard the policy and wore the armbands anyway. All three were suspended until January 1, 1966, when the practice had been scheduled to end. The students filed a lawsuit against the school district, arguing that the district violated their First Amendment rights to free speech. The inferior courts sided with the district, who argued that the wearing of armbands wasn't considered speech protected by the First Amendment and that the disruption caused by it was valid justification for the policy. The Supreme Court granted certiorari to the case in 1968, and sided with the students. The highest court held that:
"The First Amendment, as applied through the Fourteenth, did not permit a public school to punish a student for wearing a black armband as an anti-war protest, absent any evidence that the rule was necessary to avoid substantial interference with school discipline or the rights of others." —Wikipedia, CC-BY-SASo, the First Amendment does grant rights to students at school, absent evidence that the rule was necessary to avoid substantial interference with school discipline or the rights of others.
Ask now: is sticking your middle finger a disruption to school discipline? Without doubt, if the sign is made at anyone in particular--be it another student or a teacher--they are likely to get offended. After all, the sign is commonly associated with bad faith and malice. Consequently, one should never stick it up publicly, with or without reason. Walking through the school sticking up your finger for the sake of sticking it up has a very high risk of offending someone, and thus interfering with school discipline and order. The courts have repeatedly held that schools have a valid interest in maintaining an environment of order and discipline, and this can have an effect on the on the limitations imposed by the Constitution. (e.g. New Jersey v. T. L. O.)
Needless to say, the law is not on your side, if you choose to walk around school making bad signs.