Essay on Analysis Of Tinker Vs. Des Moines

Essay on Analysis Of Tinker Vs. Des Moines

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Speech rights have changed or been expanded through a series of 20th and 21st century court decisions to include political speech, campaign financing, pornography, and school speech. In Tinker v Des Moines (1969) the Supreme Court ruled that students "do not shed their constitutional rights to freedom of speech or expression at the schoolhouse gate." The ruling stated that school officials had violated freedom of speech by suspending some students who wore black armbands to protest the war in Vietnam. It was considered to be a display of symbolic speech. The Tinker standard has been applied in numerous decisions through the years. In another decision, Hazelwood School District v Kuhlmeir (1988), the Supreme Court ruled that the high school principal could censor two articles published in a school newspaper because he thought the subject matter was inappropriate for some of the younger students. The students argued that it did not meet the Tinker standard, but the Court instead developed a new standard which it called school-sponsored speech.
The Supreme Court has also used the "clear and present danger" test to decide limits of free speech. In Schenck v United States (1919) Charles Schenck, an anti-war activist, was arrested for sending leaflets to prospective army draftees telling them to ignore their draft notices. The United States claimed that it threatened national security; the Supreme Court agreed. Former Justice Oliver Wendell Holmes wrote in his ruling, " the most stringent protection of free speech would not protect a man in falsely shouting fire in a theater and causing a panic." This quotation, though well-known and quoted often, has been used, misused, and misquoted through the years. This ruling was overturned by Br...


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...s on how much money could be raised and spent in political campaigns and put bans on interest groups who made huge political donations in order to influence election outcomes. The Koch brothers were of particular interest. The proposal to amend failed when it came to a vote on September 11, 2014. It was considered by many just to be a political ploy and to others a real threat to individuals ' freedoms.
For over one hundred years after the ratification of the Constitution, the First Amendment protected these freedoms only in theory. As individuals in the 20th century began to challenge the government in courts when they believed their rights were being violated, the
First Amendment has taken on a stronger meaning. It remains the single most powerful instrument for protecting the sacred freedoms of religion, speech, press, assembly, and petition for modern Americans.

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The Tinker V. Des Moines Essay

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