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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.
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
It was required that the student's parents be informed of the suspension within 24 hours with given reason. If the student were expelled, they would allowed to appeal to the Board of Education. The principal gave the students suspension without holding a hearing, it was okay because Ohio law did not make it required to do so. But they were also later expelled without a right to have due process. The federal courts believed that the students rights were being violated.
This paper will be discussing how the Vietnam war and Kent state shooting tie together and how it affected lives afterwards. The Kent State Shooting on May 4, 1970 was a culmination of the anti war movement because Four Kent state students were killed protesting the invasion of Cambodia during the Vietnam war. The Vietnam war was fought between North and South Vietnam. The United States, along with other countries such as the Philippines were on the side of South Vietnam.
GOSS v. LOPEZ, Supreme Court of the United States, 1975. 419 U.S. 565, 95 S.Ct. 729, 42, L.Ed.2d 725 deals with students that were suspended. The Columbus Ohio Public School System (CPSS) was sued by students. Nine students claimed that they were suspended without being given a hearing before their suspension, or even after their suspensions were over.
Allowing the schools to temporarily suspend the student's Fourth Amendment rights will help keep the students’ school environment safe. " On April 20, 1999, 18-year-old Eric Harris was in the garage of his home, filling duffel bags with bombs and rigging weapons in his trenchcoat. A few miles away, 17-year-old Dylan Klebold was preparing his own weapons. Then they drove to Columbine High School.- Kohn, David."
Equality is defined as the state of being equal. That’s exactly why the students in Adkin High School in 1951 decided to walkout. The Adkin High School students demanded equality until they got it. These students wanted what local white high schools had. Local white high schools had books with no pages ripped out, new sports equipment, a large gym, and more.
Since they have implemented this program in their school their was a result of no suspension or expulsions. After talking about this small
Judge Fortas insisted that under the Constitution, the students possessed fundamental rights to express their opinion as people of America. On the other hand, Judge Black rebutted:” I think the record overwhelmingly shows that the armbands did exactly what the elected school officials and principals foresaw they would, that is, took the students ' mind off their classwork and diverted them to thoughts about the highly emotional subject of Vietnam war. if the time has come when pupils of state- supported schools can defy and flout orders of school officials to keep their minds on their own work, It is the beginning of a new revolutionary era of permissiveness in this country fostered be the judiciary.” Judge Black has entirely different view with what the school authorities had done to students wearing armbands. He justified the prohibition of armband for wearing them would distract the students ' minds.
Suspension is only temporary and will not solve anything. In one of the articles it mentions a girl,Cindy, who has been suspended in the past for fighting then got in trouble again for fighting but this time the school used Restorative Justice. Eventually Cindy would have made an enemy with the boys not understanding what they had said and the boys would not know what had caused Cindy to fight. In the article it states that “Rather than solving a problem, everything about the traditional way of handling situations like this one only contributes to the likelihood that it will happen again”. Although suspension removes the student from the situation, this will not solve the problem and most likely worsen it and the students should be talked to and listened to.
This punishment would only be enacted for one day for every day that a student was in violation of the dress
Should schools continue to use the traditional form of punishment of suspending students? Is suspension a benefit or a disadvantage to a students learning? Is suspension the right thing to do for all students? For many years suspension has been a common punishment for bad behavior in school, though many people are starting to wonder whether suspending a student really helps them learn and grow or does it harm their learning career. This is a big debate that has just recently come into light.
Today's students know that the right of freedom of speech and expression at school is more complex then it once was. The rules have not changed since the Tinker Case. The Tinker Case was groundbreaking in letting students know the rights they have at school. They do have the right to express themselves but only if it is not a distraction to others at school (“Student Right to Freedom of Speech” 1) . Schools now have student handbooks of the limit to which students can express themselves.
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
Over the last 20 years, many schools have shifted away from fairly unregulated student dress codes to more stringent dress codes, with some schools implementing voluntary or mandatory school uniforms. There are several positions on the dress code issue, each of which have their own persuasive arguments to support them, which can be evaluated to examine their validity. One position in favor of implementing dress codes is that these standards can improve student safety and perhaps even student performance at school. There are variations on this position that favor strict standards on what students can wear, while others want to implement school uniforms in public schools. The opposing view is that students should not be subject to any dress codes on the grounds that they restrict students' freedom of expression, and that they may place unfair cost burdens on poor families.
