1965Years USA Iowa Dimon a13Old female student Mary Beth Tinker in to hear Senator RobertFKennedy suggested USA citizens wear black armbands to express opposition to the Vietnam War. After the speech, and several other local school friends decided in the weeks after few days wear black armbands to school. Have learned the news education committee voted to wear black armbands to immediately decided: students will be suspended, reason is the "confusion effect".

1965Years12Month16Day, Mary Beth Tinker, John Tinker and other several classmates wear black armbands to school. Afternoon, they called down to the principal's office, and refused to take off after a suspended by the school band. Have been to1966Years1Month1Day, that they planned to protest against the stop just go back to school.

Afterwards, Marie's father went to the local court, accusing the school violates the guarantee freedom of speech America First Amendment to the constitution, requiring schools to compensate, and cancel banned wear black armbands. Results the initial revision case. The judge ruled that the rules of the school rationally, its purpose is to prevent conflict between students and the classroom was in chaos. Tinker continue to appeal, but the appeals court upheld the original verdict. Finally, the tinker to appeal to the Supreme Court, the Supreme Court of. This time, the judges in the ratio of seven to two votes to decide the school behavior violates the first amendment to the constitution, the tinker with students win.

The Supreme Court in Tinker v. dumond campus decision wrote: "the teacher or the students enter the school gate does not lose their constitutional rights."[1]The court to maintain the students' constitutional rights, ruled that schools "to punish the passive silent way opinion did not cause any confusion or agitation (students). Allow all doubt any behavior is a departure from the school system can cause confusion. Comment from the majority opinion can lead to fear. Published anything different from another view in the classroom, restaurant or campus, likely to cause controversy, or confusion. However, China's "constitution" regulation, we must take such risks. Our history also shows that, the dangerous free -- such open -- is our country's strength, foundation of the people's independence and vitality, they grow up and live in this often debated, relatively tolerant society."[2]And further pointed out that: "in our system, should not be regarded as life will only accept students decided to spread views in enclosed space. They should not be limited to the official opinion expression...... Students have the right to freely express their own views."[3]

However, the Supreme Court has admitted students symbolic speech is not should be protected in any case, and key to divide the present clear evidence that the school would clearly pointed out, "a specific symbolic speech students has generated substantial education for (or disciplineSubstantialIt is) interference, the interference is not reasonable."[4]

Tinker case involves the famous America First Amendment to the Constitution: "Congress shall make no law about the following matters:......Abridging the freedom of speech and freedom of the press." While1868The Fourteenth Amendment to the constitution is interpreted as "to every song government institutions of local government's freedom of speech is protected from congress".[5]Freedom of speech is a America citizen most important and one of the constitutional rights of Americans believe that "people's attention, if for criticizing the government, government behavior and government officials have suffered physical pain or economic loss, this country will not live in freedom".(American late judge Hugo Blak)

Freedom of speech and press refers to "citizen is entitled to claim, publication and dissemination of their opinions freely. Specifically, freedom of speech is a citizen for a variety of problems, through the language (including oral and body language) to express their thoughts and opinions of freedom".[6]Freedom of speech is the most basic way for citizens to express ideas and opinions, is the bridge of communication between citizens, between citizens and the state. It is the constitutionalism behoove recognized. But on the freedom of speech should be restricted by law problems school field has been arguing. Absolutism that free speech should not be subject to any restrictions, and that the suppression of free speech in fact is the destruction of democracy. But relativism legislative examples of various countries have occupied a dominant position. And America took the principle of "dangerous" clear and present, namely "only those who have the immediate harm danger, expression can authorize Congress to limit does not affect the private rights."[7]

In the case of Tinker Bell, Marie and her classmates wear black armbands use body language to exercise its symbolic freedom of speech, and the school in cannot prove their behavior on "the function of school education or discipline has generated substantial interference" case has been suspended for means to force them off the black is obviously contrary to the constitution American first amendments to the guarantee of freedom of speech. As for the specified limit the Supreme Court can intervene student speech to the school embodies the principle of "clear and present danger".

To make a long story short, we learn the western political system, especially when the national civil rights of the west, freedom of speech and its security is an important content that we must seriously, the relevant legislative experience and theories are worthy of our reference.

Notes.

[1]Robert S. Peck: "The constitutional protection of freedom of the press "set America Embassy website

Http://www.usembassy-china.org.cn/jiaoliu/jl02&0301/freemedia.html

[2] Robert S. Peck: "The constitutional protection of freedom of the press "set America Embassy website

Http://www.usembassy-china.org.cn/jiaoliu/jl02&0301/freemedia.html

[3] Robert S. Peck: "The constitutional protection of freedom of the press "set America Embassy website

Http://www.usembassy-china.org.cn/jiaoliu/jl02&0301/freemedia.html

[4]Chen Suqiu: "symbolic speech security"Load of Human Rights Education Newsletter Http://www.hre.edu.tw/report/epaper/no26/topic1_1.htm

[5] Robert S. Peck: "The constitutional protection of freedom of the press "set America Embassy website

Http://www.usembassy-china.org.cn/jiaoliu/jl02&0301/freemedia.html

[6]Qin Qianhong editor: "new law", Wuhan University press,2005Years6Vol.1Version,105Page

[7]SeeWu Fei: "in the thought and the behavior between the freedom of the speech: -- from the America court" clear and present danger "freedom of speech" rules of USA carrier media Academic Network Http://academic.mediachina.net/xsqk_view? Id=1025