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Freedom. The concept upon which the United States was founded. When people consider the Unites States of America, they think of freedom of speech, freedom of religion, and freedom of expression. Yet, how much freedom do Americans really have? In Tinker v. Des Moines Independent School District, three students fought for their right to express their opinion on a current political issue– the Vietnam War. The students claimed that their actions had not caused any disturbances in the academic environment and “sued the school district for violating [their] right of expression” (“Tinker v. Des Moines,” American History). To fully comprehend the issue of freedom of speech in schools, as it is addressed in Tinker v. Des Moines, one must grasp the issues involved in free speech as well as the social controversy over the Vietnam War and the background of the case, be able to analyze the opposing arguments of the topic, and become aware of the effects of Tinker v. Des Moines on more recent cases and how free speech is approached by schools. One important component in the understanding of Tinker v. Des Moines is having a solid background to build the story on such as knowing the political and social issues at the time. Throughout the 1960’s, the United States was involved in the Vietnam War; over this involvement, much controversy brewed amongst Americans (Overy 430-431). After seeing clips of their wounded troops in Vietnam, many Americans shifted their opinions against the war; as Richard Overy, a professor of history, writes: “[t]he Vietnam War was opposed by increasing numbers of Americans who did not see why their troops were fighting a war with no just cause.” (Overy 431). Many different protests and campaigns broke out as a result of ... ... middle of paper ... ..., David. "Defending Mrs. Halas." Education Week 18.26 (1999): 24. Academic Search Premier. Web. 9 Apr. 2014. McCartan, Conn. Personal interview. 22 Apr. 2014. Overy, Richard. "The Vietnam War." History: The Definitive Visual Guide: From the Dawn of Civilization to the Present Day. Ed. Adam Hart-Davis. New York: DK Pub., 2007. 430-31. Print. Vile, John R. "Freedom of Speech." American History. (2014): n. pag. ABC-CLIO. Web. 21 Apr. 2014. “Tinker v. Des Moines Independent Community School District.” Oyez. IIT Chicago-Kent College of Law, 2011. Web. 17 Apr. 2014. “Tinker v. Des Moines Independent Community School District." Supreme Court Cases: The Dynamic Court (1930-1999) (1999): n. pag. Academic Search Premier. Web. 9 Apr. 2014. “Tinker v. Des Moines Independent Community School District (1969).” American History. (2014): n. pag. ABC-CLIO. Web. 21 Apr. 2014
Throughout America, people place a high value in their freedom of speech. This right is protected by the first Amendment and practiced in communities throughout the country. However, a movement has recently gained momentum on college campuses calling for protection from words and ideas that may cause emotional discomfort. This movement is driven mainly by students who demand that speech be strictly monitored and punishments inflicted on individuals who cause even accidental offense. Greg Lukianoff and Johnathan Haidt discuss how this new trend affects the students mentally and socially in their article The Coddling of the American Mind published in The Atlantic Monthly. Lukianoff and Haidt mostly use logical reasoning and references to
Weavertheme, a new book, 2014. Web. The Web. The Web. 09 Mar. 2014. The 'Standard' of the 'Standard'.
The case also states “A prohibition against expression of opinion, without any evidence that the rule is necessary to avoid substantial interference with school discipline or the rights of others, is not permissible under the First and Fourteenth Amendments” (Tinker v. Des Moines Independent Community School District). Because the students didn 't necessarily disrupt the education process, their First Amendment freedom of speech should not have been violated by the school officials.
The district court found the disruptive-conduct rule unconstitutionally vague and broad, and that withdrawal of the student's name from the graduation speaker's list violated the Due Process Clause of the Fourteenth Amendment because the rule did not mention such removal as a likely sanction. The court made the case that nothing in the Constitution forbids the states from insisting that certain forms of expression are unfitting and subject to sanctions. (Tinker v. Des Moines Independent Community School District, 1969) The court affirmed that students do not "shed their constitutional rights to freedom of speech or expression at the schoolhouse gate."(Tinker) If the student had given the same speech off the school premises, he would not have been penalized because government officials found his language inappropriate.
In the Tinker v. Des Moines case, the students’ first amendment right was violated. They were not able to express their opinions freely. The first Amendment states, “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise of thereof; or abridging the freedom of speech, or the right of press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances,” (Classifying Arguments in the Cas...
Constitutional amendments from freedom of speech to flag burning.. 2nd ed. Detroit, Mich.: UXL, 2008. Print.
From the opening sentence of the essay, “We are free to be you, me, stupid, and dead”, Roger Rosenblatt hones in on a very potent and controversial topic. He notes the fundamental truth that although humans will regularly shield themselves with the omnipresent First Amendment, seldom do we enjoy having the privilege we so readily abuse be used against us. Freedom of speech has been a controversial issue throughout the world. Our ability to say whatever we want is very important to us as individuals and communities. Although freedom of speech and expression may sometimes be offensive to other people, it is still everyone’s right to express his/her opinion under the American constitution which states that “congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or the press”.
Peter, Sagal. “Should There Be Limits on Freedom of Speech?” 25 March. 2013. PSB. PBS.com 14 Nov.
There have been many cases where exceptions have been made over the first amendment, such as in the Tinker vs. Des Moines Community School District Case. Teenagers by the name of Christopher Eckhardt and Mary Beth Tinker had planned to wear black armbands to their school to show their support for a truce in the Vietnam War. When word reached the principle, of Christopher and Mary Beth’s plan to arrive with the black armbands, the principal created a policy stating that, “any student wearing an armband would be asked to remove it, with refusal to do so resulting in suspension.” (The Oyez Project). After being kicked out of school, Tinker’s parents sued them but their case was dismissed due to the fact that the first amendment does not grant one the right to express their opinion at any place nor at any time. Another official claimed that the first amendment is not fully guaranteed to children. While the first amendment may be a boon to the United States, it is not always just. There are limitations, and conditions surrounding the first amendment and our freedom of speech. In Tinker’s case, her armband was seen as disruptive, and distracting to other students, justifying the school’s actions against the student of suspending and eventually expelling
24.) Foner, Eric. Give Me Liberty! An American History. 4th ed. (W.W. Norton, 2012), 759.
"Protecting Freedom of Expression on the Campus” by Derek Bok, published in Boston Globe in 1991, is an essay about what we should do when we are faced with expressions that are offensive to some people. The author discusses that although the First Amendment may protect our speech, but that does not mean it protects our speech if we use it immorally and inappropriately. The author claims that when people do things such as hanging the Confederate flag, “they would upset many fellow students and ignore the decent regard for the feelings of others” (70). The author discusses how this issue has approached Supreme Court and how the Supreme Court backs up the First Amendment and if it offends any groups, it does not affect the fact that everyone has his or her own freedom of speech. The author discusses how censorship may not be the way to go, because it might bring unwanted attention that would only make more devastating situations. The author believes the best solutions to these kind of situations would be to
We, all, have the opportunity to voice our opinion on subjects that matter to us. The First Amendment grants us freedom of speech and expression. However, this was not provided to all students in 1968. During this time, there were three students in Des Moines, Iowa, who wore black armbands to school. These armbands were a symbol of protest against the United States involvement in the Vietnam War. After the Des Moines School District heard about this plan, they instituted a policy banning the wearing of armbands, leading to the suspension of students. A lawsuit has been filed against the Des Moines School District, stating how this principal goes against the students’ First Amendment rights. Thus, in the Tinker v. Des Moines Independent Community School District case, Justice Abe Fortes determined the policy to ban armbands is against the students’ First Amendment rights. Yet, Justice Hugo Black dissented with this decision, determining the principal is permissible under the First Amendment.
In December 1965, an issue was caused by teachers’ in violating students’ freedom of speech. In December some students from Des Moines Independent Community School District, in Iowa were suspended for wearing black armbands to protest against the American Government’s war policy in support Vietnam (Richard, Clayton, and Patrick).The school district pressed a complaint about it, although the students caused no harm to anyone. Students should be able to voice their opinions without the consequences of the school district.
Noorani, A. G.. "Films and Free Speech." Economic and Political Weekly 43.18 (2008): 11 - 12. Web. 3 Mar. 2014.