Paul’s constitutional right, in regards to the dissemination of flyers, is that he has the right to express freedom of speech. However, when it is malicious or is defamatory, it is not protected by the Constitutional free Speech provisions (“U.S. defamation laws & standards,” 2017). The term defamation alludes to a term, which encompasses all acts that damage the reputation of any individual and when made in writing, it is referred to as a Libel. Under the U.S. law, Libel is considered to be a tort or a civil wrong (“Libel, Slander, and Defamation Law: The Basics,” 2019) and in this manner, Mr. Jones, the principal, has the right to sue Paul. Paul’s constitutional right, regarding the “marijuana tee shirt” as well as gang attire on school property, is that he has the right to express himself, which is constituted in the right to freedom of expression. The freedom of expression extends to the message that students wear on their T-shirts as well as the manner in which they dye their hair. Students typically display their opinions on their T-shirts, and the views of the teachers and students are not enough to attain the Tinker Standard. Tinker V. Des Moines is a Supreme Court ruling that cemented the rights of students to free speech in public schools (“tinker v. Des Moines - landmark supreme court ruling on behalf of student expression,” 2019). As per the constitutional rights, Paul has the freedom to dye to his hair as forcing him to conform to the school’s rules violates his freedom of expression and it represents either the 14th Amendment liberty or a First Amendment free-expression, or equal-protection interest. For instance, one high school student from Virginia sued his school in a federal court, as they suspended him for dyeing his hair. In this case, the federal court reinstated the student because they found a violation of his constitutional right.
References
Libel, Slander, and Defamation Law: The Basics. (2019). Findlaw. Retrieved 25 August 2019, from https://injury.findlaw.com/torts-and-personal-injuries/defamation-law-the-basics.html Tinker v. Des Moines - Landmark Supreme Court Ruling on Behalf of Student Expression. (2019). American Civil Liberties Union. Retrieved 25 August 2019, from https://www.aclu.org/other/tinker-v-des-moines-landmark-supreme-court-ruling-behalf-student-expression U.S Defamation Laws & Standards. (2017). RM Warner. Retrieved 25 August 2019, from http://kellywarnerlaw.com/us-defamation-laws/
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