When the First and Second Amendments Clash
An image of an assault rifle is way different than a black armband
It’s likely the courts will resolve the conflict between Johnston High School and a student who wore a pro-gun t-shirt to class, but it remains to be seen if common sense will prevail. The student has sued Johnston schools, claiming her First Amendment rights to free speech were violated when she was suspended for wearing the shirt.
The t-shirt showed an image of an assault rifle, with the words “What part of ‘shall not be infringed’ do you not understand?” Although the school system initially suspended the student, an administrator later called the house and apologized. Nonetheless, the family has filed a civil lawsuit.
Iowans are quite familiar with the Tinker case, in which the U.S. Supreme Court ruled students’ free speech rights cannot be squelched. Two Des Moines students named Tinker wore black armbands to class in 1969, in protest of the Vietnam War. The Supreme Court ruled in favor of the Tinkers, writing that students do not “shed their constitutional rights to freedom of speech or expression at the schoolhouse gate.”
Tinker vs. Des Moines Independent School District is a landmark case and one with which I agree. But I also think there must be limits on what comes through the “schoolhouse gate.” I’m writing this in the immediate aftermath of yet another campus murder spree, this time at Michigan State University, leaving three students dead and five critically injured. Three weeks ago, a gunman walked into a southside school in Des Moines, murdered two students and wounded the school administrator.
A black armband makes a statement about war, and I’m okay with that. In the Johnston case, the thought of a student walking around with an image of an assault rifle is over the line. Whether one agrees or disagrees with the sentiment expressed, a visual image of an assault rifle in a school after all the mass shootings we’ve experienced in this country should not be allowed. An armband doesn’t threaten anyone. It represents an idea. An image of an assault rifle is more than an idea. Any student sitting next to that kid would be well within their rights to feel threatened.
There must be some limits on free expression. Would the school allow a t-shirt showing an aborted fetus? It certainly represents one side of a topical political debate in our country. Students have the right to use whatever foul language they want outside of class, but is it okay to wear a shirt showing obscene words? What about a pornographic image? Common sense indicates it would be highly disruptive to getting anything done in class.
The Centers for Disease Control released a report last year that guns are now the leading cause of death among American children. In 2020, the latest year for which statistics are available, nearly 5 in every 100,000 children died by gunfire. We have a huge problem in this country that must be addressed. A Des Moines fourth grader this week feels so unsafe that he asked the school system to please install metal detectors. That is a sad commentary – out of the mouths of babes.
Would the assault rifle shirt be allowed in a workplace, which has also been the scene of mass shootings? Not even churches are safe from gun violence. Okay to wear a shirt like this to worship?
If I were a school administrator, I would do everything in my power to protect the free speech rights of students. It’s important students learn what they can and can’t do. But I also would want to create a safe environment for all students. The courts may rule the assault rifle t-shirt must be allowed, but common sense tells me certain images are disruptive and completely inappropriate in school.
Check out some of the others in the Iowa Writers’ Collaborative:
Nicely put. Whos knows how a Trump majority of sitting justices will go, especially after Jan 6
As you might expect I too am a strong First Amendment guy, but 100 percent agree with you on this.