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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.
The administrator ultimately banned the wearing of the confederate flag on school grounds nonetheless she admitted that she could not “ban it for eternity” (Hardie, 2013) and within months the students were back to wearing the flag. One of the teachers explained, “Our school’s, you know, real big, was real big into wearing the Confederate flag and they didn’t—I think it was lack of education or really understanding. I think we got a bunch of country bumpkins that just wore it because that’s what always—you know” (Hardie, 2013). This shows that although the history of the flag is known, the students’ allowed to wear the attire because the lack of understanding and education of the true meaning of the
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.
The Supreme Court has just recently rejected a case about the Confederate Flag emblem being on the Mississippi flag, and Carlos Moore, an African-American man, who petitioned the court over his reason of how the flag, where it is located in state buildings, courts, and schools, symbolically expresses support for white supremacists. The justices didn’t exactly give a reasoning for the appeal, but a federal appeals court rejected the lawsuit, because of lack of standing. In the article it says “They said he demonstrated that he feels stigmatized.
The case Howes v. Fields was involved with the Miranda rights. The case is about an inmate´s confession about a sex crime without having the police officers questioning him telling him his Miranda rights. Mr. Fields had been brought to the jail of Michigan because of disorderly conduct. While being in jail Mr. Fields had been questioned by the police for several hours about the disorderly conduct. He was not told his Miranda rights, but he was told he was free to go back to his cell whenever he wanted too.
The issue in this case was whether school-sponsored nondenominational prayer in public schools violates the Establishment clause of the first amendment (Facts and Case Summary - Engel v. Vitale, n.d.). This case dealt with a New York state law that had required public schools to open each day with the Pledge of Allegiance and a nondenominational prayer in which the students recognized their dependence upon God (Facts and Case Summary - Engel v. Vitale, n.d.). This law had also allowed students to absent themselves from this activity if they found that it was objectionable. There was a parent that sued the school on behalf of their child. Their argument was that the law violated the Establishment Clause of the First Amendment, as made applicable
The students were told they could not return to school until they agreed to remove their armbands (ACLU). With their parents, they sued the school for violating their first amendment. When many kids get into high school/middle school, they realize their amendments and what freedoms they have. Mary Tinker decided to express hers. When she was sent home for wearing an
This case focused on Gregory Lee Johnson and if his act of flag burning was “symbolic speech” protected by the First Amendment-- They
New York case , the Supreme Court decided that New York and any other state were not justified to charge someone for speaking negatively about the flag. In addition, in a precedent case in 1969, the Supreme Court of Brandenburg v. Ohio ruled that even though Brandenburg was a member of the Klu Klux Klan, he was able to present a speech at a rally. Granted, the first amendments forbids speech it is primarily spoken to encourage or commence any type of crime. In like manner, in Texas v. Johnson, though burning the flag was impressed as disrespectful to some people, no laws or amendments were corrupted.
This argument will discuss whether the confederate flags are right or wrong symbols of Southern culture. The Confederate flag was a flag that the southern states used in the Civil War. Now the Southern states say that is their modern culture while the rest of the US says that the flag stands for racial discrimination. In this essay, I will let you read what is the Southern United States’ perspective of the argument. In the next paragraph, is the reasoning behind the argument of the rest of the US against using the Confederate flag.
The landmark decision by the United States Supreme Court in 1896, upheld public segregation based on the color of one’s skin, is known as Plessy v. Ferguson . The decision by the justices on the Supreme Court upheld the constitutionality of separate but equal facilities based on race . The practice of segregation based on race stayed in effect for over sixty years until it was overturned in 1954 by the Supreme Court decision in
May it please the court, I come here today representing the sovereign people of the great state of Mississippi; a state with a proud though in some ways a tragic history of the ravages of war. The confederate flag was flown during the period of time during the Civil War which lasted for 4 years. People may say that the confederate flag is a symbol of racism because the confederate states were fighting for slavery. That is a reason not to like the confederate flag but the confederate flag only flew over slavery for 4 years the American flag flew for way more. The American flag also flew over way more suffering than the confederate flag.
This meant that whatever the Supreme Court decides would affect every school. The Supreme Court saw the black armbands were a form of political speech and stated that the schools had to show evidence of the possibility of a “substantial disturbance” before free speech and expression could be limited. The Tinker case is about the freedom and speech and expression. The First Amendment was very important to the kids.
Some commonly known examples are the Tinker v. Des Moines (1969) and Bethel School District No. 403 v. Fraser (1986). Recently in Oregon an eighth grader was suspended for wearing a t-shirt displaying an image of fallen soldiers with the words “Standing for those who stood for us,” However the t-shirt also included images of boots, a helmet, and a gun, school officials claimed this shirt was offensive and told the eighth grader to change his shirt. When he refused he was given an ultimatum: remove the shirt or be suspended.
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