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TroublemakersStudents' Rights and Racial Justice in the Long 1960s$
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Kathryn Schumaker

Print publication date: 2019

Print ISBN-13: 9781479875139

Published to NYU Press Scholarship Online: January 2020

DOI: 10.18574/nyu/9781479875139.001.0001

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PRINTED FROM NYU Press SCHOLARSHIP ONLINE (www.nyu.universitypressscholarship.com). (c) Copyright University of NYU Press, 2022. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in NYSO for personal use.date: 03 July 2022

The Right to Free Speech

The Right to Free Speech

Students and the Black Freedom Struggle in Mississippi

(p.11) 1 The Right to Free Speech

Kathryn Schumaker

NYU Press

This chapter examines how two student free speech cases, Burnside v. Byars and Blackwell v. Issaquena County, emerged out of the 1964 Freedom Summer voter registration campaign in Mississippi in 1964. This chapter argues that the two cases were the result of increased student activism following Freedom Summer and that these two First Amendment cases were the result of conflict over the broader issues of racial discrimination and school segregation in Mississippi. These cases were eventually cited in the U.S. Supreme Court lawsuit Tinker v. Des Moines, which established the constitutional rights of all students and led to increased litigation. This chapter explains how the rationale in these cases focused on whether students were considered disorderly, and it argues that concepts like disorder can be racially coded and therefore affect the perception of student actions differently based on the race of students and the context of the action.

Keywords:   school segregation, Freedom Summer, First Amendment, free speech, Tinker v. Des Moines, Burnside v. Byars, Blackwell v. Issaquena, Mississippi

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