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Essay On Tinker Vs Des Moines

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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

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Citation: Tinker v. Des Moines Independent School District (1969) Facts: In Des Moines, Iowa, a group of individuals met at a home to discuss ways to protest the United States involvement in the Vietnam War. The group decided beginning on December 16th and lasting until New Year’s Day, the members of the group would fast and wear black armbands to show their opposition to the war. School officials became aware of the students’ protest and implemented a policy that any student wearing a black armband would be asked to remove it. If the students did not remove the armband, then the student would be suspended.

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Kuhlmeier began a new trend in the rulings of First Amendment cases. During the 1960s an Arab student protested publications exploring social issues such as civil rights which were common and accepted. In 1969, the Supreme Court upheld that the freedom of expression of students is protected under the First Amendment. In the case of Tinker V. Des Moines, at least 125 additional court cases around the country were decided in favor of the students during this time period. Due to the legal precedent set by the Tinker case.

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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 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

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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

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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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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.

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However, in Tinker v. Des Moines Independent Community School District, students wore bracelets to protest but never exhibited disrespectful or inappropriate behavior. (Decker,

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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.

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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

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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.

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The justices ruled against the school district, the court case helped establish the amount of regulation schools can have on students. The Tinkers won because the armbands were considered to be speech that could not be banned according to the First Amendment. They were allowed to wear the armbands as long as it did not interfere with school, even though schools can restrict some things that are necessary (“Tinker v. Des Moines School District (1969)”). The Tinker Test was established by this case defined the amount of control schools can have over what students wear (United States Government: Principles in Practice 392). Not all of the justices voted in the Tinkers’ favor; two dissented and several who voted for Tinker expressed negative opinions.

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This case only strengthens student free speech by bypassing the school 's dress

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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

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