Armband protesters suspended from school Everyone is aware of the first amendment which states that citizens should have free speech. In the Tinker v. Des Moines case, the right was violated. What actually happened in the Tinker v. Des Moines case? There were a brother and sister named John and Mary Beth Tinker who went to a Des Moines school. The Tinkers went to school one day wearing armbands to protest the Vietnam war. The school suspended them, and sent them home. The Tinkers argued that their freedom of speech was violated in the court. The court ended up ruling in favor of the Tinkers. Some people sided with the school saying that the Tinker’s suspension was fair. Others say that the Tinker’s suspension was wrong. John and Mary Beth …show more content…
This shows how the freedom of speech the students had was good for them in the future and also our community. “An amicus curiae brief filed by the U.S. National Student Association, composed of college student governments said that allowing more freedoms to students would get them ready for college and make them better citizens” (The First Amendment: Tinker v. Des Moines). According to the brief, more freedom equals better community and better college preparation. This helps the students do better. By giving them more freedom it makes a better future community. This case doesn't only affect the tinkers but also the students at school. If the school district took back the Tinker’s suspension, it would be exposed to the other students which would tell them that there is freedom. By letting them being exposed to more freedom there would be a better community and they would have a better future. Schools are supposed to help students become better at what they do, help them prepare for the future, including college, and teaches students to be "better citizens” and make a better community. In order to do that, school should give students, including the Tinkers, freedom in order for them to succeed in their future. Since giving freedom to the students is good, the Tinkers should not have been suspended for wearing the black armbands. John and Mary Beth tinker should had been allowed to wear a black armbands to school protesting the Vietnam War, which include symbolic speech, and that giving freedom to students will help students have a more successful
On Monday July 22, 1965 Mary Beth Tinker and her siblings sat in front of a judge and jury to plead their case. Scared and shaking she sat next to her attorney trying to muster up bavery. Her brother, John, was the first to give his testimony. John testified that he had made it through several periods where none of his classmates or any of the faculty had said anything to him about the black armband. It was not until after lunch that John was asked to go to the principal 's office where he refused to remove his band and wass promptly removed from school.
In the past students did not know the guidelines of what they could say at school,but the students at Des Moines brought attention to the rights of every student at school(Blacher 10). Things changed in the 1960's many students wore black armbands to school as a way of protesting the Vietnam War (Blacher 11).The Des Moines school banned them from wearing their armbands(“Case summary:Tinker”1). Mary Beth and John Tinker believed it was their constitutional right to be able to express how they feel(“Case summary:Tinker”1). They decided to take their case to the courts. case went all the way to the supreme court(“Case summary:Tinker”1).
The students were sent home and suspended until they returned to school without the armbands. The District Court originally ruled that the school authorities’ fear of disturbance was reasonable enough to warrant the suspension of the students. The Supreme Court however, stated that fear is not enough to overcome an individual’s right to freedom
Fraser because both involve students’ First Amendment Rights. However, in Bethel School District v. Fraser, the Supreme Court ruled that Fraser’s school suspension was appropriate and nondiscriminatory because while the First Amendment guarantees free speech, Fraser imprudently and vulgarly spoke at a school assembly (Walsh, 2018). The Supreme Court determined, the role of schools is to teach socially appropriate behavior and speech. It is within the school’s sole discretion whether and how to punish such speech (Decker, 2014). This decision contradicted the political speech, which the Court had protected in Tinker v. Des Moines Independent Community School District in 1969.
As seen in previous cases like Tinker vs. Des Moines, students have the right to political say, unless it causes disruption at school of students are promoting something that goes against the law. In the case of Tinker v Des Moines the students were not promoting anything illegal but showed their thought on the Vietnam War by wearing black armbands (Tinker). Argued in court by Kenneth W. Starr in the Morse v. Frederick case, he gave the idea that the foundation for school censorship was the case of Tinker v. Des Moines (Morse). The Justices responded back saying, that case was a different scenario as the students weren 't doing anything against the law while Frederick was encouraging the use of marijuana which was illegal (Morse).
The wore black armbands in a protest against the government policies during the Vietnam war. The Tinkers tries to fight the suspension with the district court but the district court was in favor with the school so the Thinkers had to take it further. The next step was to take it to the supreme court. The tinkers took it to the Supreme court and the majority vote wat that it was unconstitutional for the school to
Cutterham’s essay, Students are Anything but Coddled, is effective because it uses classroom dynamics and university protests. Cutterham uses examples of how students are changing the dynamic in clasrooms and on campuses through social media and protests and argues that students are not soft and pampered. In his essay, Cutterham uses the example of protesting students to show that today’s students are not “coddled”. He uses an example of Naimh McIntyre.
Freedom of speech must always be used to an extent. We may not allow students in schools to say whatever they please without any consequence. Also, as we are siding with the Tinkers, we must not send the wrong message to students. We are not displaying that whenever a student has a stance, to go against the school’s government and to make this a national ordeal.
The principal found two article that he thought were inappropriate and said couldn't be published. Kuhlmeier and her classmates were outraged and brought this case to Supreme Court. Opinion: The lower courts said denying the students from publishing the article goes against the first amendment, no matter how appropriate it is. After this case went the the Supreme Court the lower courts decision was overturned. The Supreme Court's decision came out to be 5 to 3 in favor of Hazelwood School District.
The Tinker v. Des Moines Independent Community School District Supreme Court case helped to establish students’ First and Fourteenth Amendment rights. In the 1960s, many people disliked
This case only strengthens student free speech by bypassing the school 's dress
if it was held at school of course they would be expelled. After listening to the case i believe that the court made a good
They were all suspended without being given a hearing prior to their suspension, or they weren’t given a hearing within a reasonable time after their suspension. Federal court mandated that the suspensions of the students be removed from their cumulative record. The Columbus Public School System and school board appealed the ruling to the U.S. Supreme Court. The U.S. Supreme Court ruled that the due process clause of the 14th amendment had been violated. SCOTUS ruled 5-4 in favor of the students of the Columbus Public School
People have the tendency to take the First Amendment for granted, but some tend to use it to their favor. Stanley Fish presents his main argument about how people misuse this amendment for all their conflicts involving from racial issues to current political affairs in his article, Free-Speech Follies. His article involves those who misinterpret the First Amendment as their own works or constantly use it as an excuse to express their attitudes and desires about a certain subject matter. He expresses his personal opinions against those who consistently use the First Amendment as a weapon to defend themselves from harm of criticism.
In 1969, the U.S. Supreme Court case Tinker v. Des Moines Independent Community School District upheld the right to freedom of speech of students to protest the Vietnam war by wearing black armbands. The case explained the problem that “students do not “shed their constitutional rights to freedom of speech or expression at the schoolhouse gate.” (Student) As students, we are free to express ourselves through what we wear. As students, we have every right to proclaim our beliefs