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Analysis Of The Tinker Vs. Des Moines Podcast Supreme Court Case

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The Tinker v. Des Moines Podcast Supreme Court case is an important one, especially to students who like to voice their opinion about certain things. In Des Moines, Iowa, during the near ending of the 1960s and the start of the Vietnam War, students silently protested against the Vietnam War by wearing black armbands. This peaceful action was taken out of hand by the school and suspended students who participated in the protest. This was seen as a violation of the students’ rights according to the First Amendment. Their case was taken to U.S. Court of Appeals where the students lost but later was taken up to the Supreme Court, resulting in a win for the students. The students’ rights were defended in a 7-2 decision. This is a debatable case any student could use in their defense if their rights were violated in the school house also. …show more content…

This case is an example of the violation of freedom of speech and peacefully protesting. Wearing black armbands in protest to the Vietnam War, to protest against the war, shouldn’t seem a threat to the school. Students should be allowed to voice their opinions about certain things and situations they feel obligated to speak on. Students who participated in the protest faced suspension from school until they ended their protest. The students’ parents argued with the school board about the suspension of their children and eventually sued the school and the case was taken to court. The case was taken to the lower court, the U.S. Court of Appeals where the favor was given to the school board and not the students. The case was later than sent to the Supreme

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This case Tinker v. Des Moines Schools was a very interesting case argued in 1968. A lawsuit was filed against the school after three students, Two of which in high school and one in middle school were suspended from school. The school suspended the students for wearing black armbands protesting the Vietnam war. Two other students wore armbands, but were in elementary school and weren't suspended. The students were fifteen year old John Tinker, sixteen year old Christopher Eckhardt, and thirteen year old Mary Beth Tinker.

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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).

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The Tinker versus Des Moines court case involved three minors, John Tinker, Mary Beth Tinker and Christopher Eckhart. These three wore black armbands to their schools to protest the Vietnam War and were suspended following this action. Circuit courts and the Court of Appeals in Iowa ruled that the black armbands were inappropriate attire for school. This case was then brought to a higher-up court. Eventually, this case was brought before the Supreme Court.

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In response to their wearing of the black armbands, these three students were suspended. This case eventually made it to the Supreme Court where the majority of the justices held that the students were protected by the first and fourteenth amendments in their wearing of the black armbands to protest the Vietnam War at

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Back in 2002, there was a case in Albemarle, Virginia where a middle school boy named Alan Newsom wore a t-shirt to school that depicted men shooting guns. Though it was clearly stated in the school’s dress code that any clothing that contains images of weapons or violence cannot be worn, he felt that it was okay to wear it to school because he has worn this t-shirt before and has not had a problem. On September 17, 2002 the Newsoms filed a suit against the Albemarle County School Board, after a two month dispute the judge ruled in favor of the school, unhappy the Newsoms appealed and was later denied. At the end of everything Alan Newsom was told he could wear the shirt as long as it didn’t disturb the school environment. Another case was during the Vietnam War in 1969, a public school in Des Moines, Iowa a handful of students organized a peaceful and silent protest against the Vietnam War by wearing black armbands.

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