The Tinker Case

In the case Brewer vs. Hamilton Middle School the Supreme Court had to decide if the school had the right to limit Ben Brewer’s first amendment right to free speech. The school had decided to add a rule to the school dress code to ban students from wearing T-shirts that depict musical groups. Ben came into school after the rule had been enacted wearing a T-shirt that depicted Hall of Rejects which is a musical group. He was given the option to flip the shirt inside out and refused to. Mr. Brewer was then given a week of in-school suspension. This issue was then brought to the court whom referred to both the Tinker case and 1st amendment rights to decide. The Tinker case shows us that the school may limit the student 's first amendment rights

Therefore we rule towards Hamilton Middle School. This is because there are already several instances of disruption and violence that has already occurred and very good evidence that more would have occurred in the future. Therefore, according to the Tinker case, the school is allowed to limit the students 1st amendments rights. For example last year Ms. Miller , a teacher at Hamilton Middle School, witnessed an argument about band t-shirts while on her way to her class. Ms. Miller believed that a violent fight was about to occur. She decided to send all the children involved to class to avoid the fight and make sure that all of them got to their respective classes on time. But the result of her stepping in and the preventing the likely violence from occurring almost delayed her return to her class. This example is both of disruption during class and violence in between of

This argument was not violent, but it was brought into the classroom where a teacher had to interfere in order to properly start her class. This argument also did not stay within these two students but spread into the numerous students in the class causing them all to start arguing. If the teacher had not stepped in and asked the students to be quiet and stop arguing this dispute would have interrupted and disrupted the Algebra class and possibly interrupted other activities after the class. This incident is another example of disruption during class, for even though it did not disrupt the actual class there is good evidence that the arguments caused by the T-shirts will disturb class in the near future. According to the Tinker case good evidence that either violence or disruption in learning gives enough reason for a school, such as Hamilton Middle School, to limit a student 's first amend right to free speech. Tinker also says that if there is good evidence that there will be said problems in the future that gives the school enough reason to limit free speech. This example is good evidence that more significant problems and violence in the near