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First amendment freedom of expression essay
Tinker v. des moines independent community
First amendment freedom of speech
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TINKER v. DES MOINES INDEPENDENT COMMUNITY SCHOOL DISTRICT 393 U.S. 503 (1969) I. TYPE OF ACTION: This is a constitutional law case involving alleged violations of the First Amendment’s provisions for freedom of expression. II. FACTS: John Tinker, his sister, Mary Beth, and fellow petitioner Christopher Eckhardt were all teenagers attending schools in Des Moines, Iowa. In December of 1965, these students and a group of adults held a meeting at the Eckhardt home and resolved to express their objections to the Vietnam War by wearing black armbands during the winter break and by fasting on select days. The students had protested other issues before in like manner by wearing armbands. Somehow, the administration of the school system learned of the students’ intentions to wear the armbands and adopted a policy prohibiting this. Under the policy, any student wearing an armband to school would be asked to remove it. If the student refused, he or she would be suspended from school. The students would be permitted to return only when the armbands were left at home. The students, aware of the policy, challenged the administration. On December 16, 1965, Mary Beth and Christopher wore black armbands to school. John wore an armband to school the next day. School …show more content…
The administrative prohibition against wearing the black armbands by students seeking to express their disagreement with the war in Vietnam violated the students’ rights to freedom of expression as guaranteed by the Free Speech Clause of the First Amendment of the United States
In December 1965, a group of students from Des Moines, Iowa met at Christopher Eckhardt’s home in order to plan a protest. During the meeting, the students planned to wear black armbands throughout the holiday season to show public support for a truce in the Vietnam War. However, the principal of the school got word of the planned protest and quickly established a policy that stated any student wearing an armband would be asked to remove it. If they refused to do so, it would result in suspension. On December 16, 1965, the protest began and students Mary Beth Tinker and Christopher Eckhardt wore their armbands to school and were sent home. The following day John Tinker experienced the same result by wearing his armband as well. All three students
Mary Beth Tinker was only thirteen years old in December of 1964 when she and four other students were suspended from school because they wore black armbands. The black armbands were a sign of protest against the Vietnam War. The school suspended the students and told them that they could not return to school until they agreed to take off the armbands. The students did not return to school until after the school’s Christmas break, and they wore black the rest of the year, as a sign of protest. The Tinker family, along with other supporters, did not think that the suspension was constitutional and sued the Des Moines Independent Community School District. The Supreme Court’s majority decision was a 7-2 vote that the suspension was unconstitutional (Tinker V. Des Moines).
Tim O’Brien’s book, The Things They Carried, portrays stories of the Vietnam War. Though not one hundred percent accurate, the stories portray important historical events. The Things They Carried recovers Vietnam War history and portrays situations the American soldiers faced. The United States government represents a political power effect during the Vietnam War. The U. S. enters the war to prevent a communist takeover of South Vietnam. The U.S. government felt if communism spreads to South Vietnam, then it will spread elsewhere. Many Americans disapproved of their country’s involvement. Men traveled across the border to avoid the draft. The powerful United States government made the decision to enter the war, despite many Americans’ opposition. O’Brien’s The Things They Carried applies New Historicism elements, including Vietnam history recovery and the political power of the United States that affected history.
Many people in the 1960s and early 1970s did not understand why the United States was involved in the Vietnam War. Therefore, they had no desire to be a part of it. The Selective Service System, which was used to conduct the draft, had aspirations of directing people into areas where they were most needed during wartime. However, people took advantage of the draft system’s deferment policies to avoid going to war. Others refused induction or simply did not register. There were also people who left the country to escape the draft. The Vietnam War proved to be an event that many Americans did not agree with, and as a result, citizens took action to elude the draft entirely or to beat the draft system.
The right to freedom of expression can be described as a war. It is a
First Amendment Rights of Public School Students How the judicial branch rules in cases relating to the 1st and how they relate that to all the rights of public school students. This includes anything from flag burning to not saluting the flag to practicing religion in school. The main point of this paper is to focus on the fact that schools have a greater ability to restrict speech than government. Research Question Does government or school districts have the ability to restrict free speech? This is a very important question because this gives great power to one over the other.
Background: In Des Moines, Lowa, the students came together and organized the kids to wear black armbands to school to protest the vietnam war. The kids wore the armbands to school and the principal found out and suspended all the kids because of the armbands. The students gaurdians sued the school for not allowing them to have freedom of speech. The United States court was on the schools side, ruling that the armbands were a distraction of the kids learning abilities. The kdis appealed the rulling to a United States court of appeal but in the end they lost.
"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
In the 1960s, some Americans were against sending troops to Vietnam because of the many lives risked; others were against sending troops because of the money it would cost. In 1965, a group of Des Moines high school students met up and agreed to wear black armbands that following week to protest against the Vietnam War. Rumors got around to school principles. School Principals passed a rule forbidding armbands to be worn at school to prevent disruption in the classrooms. In December, five students wore armbands ignoring the school’s new rule. They were asked to take off the armbands, and they refused resulting in suspension ("Tinker v. Des Moines Independent Community School Dist"). Then the parents of those complained that the first amendment rights of those students were violated. This case went all the way to the United States Supreme Court. The Supreme Court ruled that students still have their rights of freedom of speech and expression in school in a 7-2 vote in favor of Tinker (“TINKER v. DES MOINES INDEPENDENT COMMUNITY SCHOOL DISTRICT”).
or formal dress code stipulating what students can and cannot wear to school, a required school uniform is not as common. Customarily only seen in private and parochial schools, a growing numbers of US public schools are now adopting strict school uniform policies. One in five US public schools required students to wear uniforms during the 2013-2014 school year, up from one in eight in 2003-2004 ("School Uniforms," n.d, p. 1). In today’s world, it is not uncommon to see media stories about crime in schools and our educators are constantly looking for ways to improve safety within this school. Some of these educators feel that school uniforms are one way to protect the safety and welfare of students and school personnel. Many kids find
Justice Hugo Black dissented and feared that the Court’s ruling would cause more revolutionary actions from students. However, Justice Fortas addressed this potential outcome. He says, “Certainly where there is no finding and no showing that engaging in the forbidden conduct would "materially and substantially interfere with the requirements of appropriate discipline in the operation of the school," the prohibition cannot be sustained.Burnside v. Byars, supra at 749.” The school’s ban of the armbands could not be upheld because the expression had not caused any harm. If the students underwent another expression, the school would still have the power to make a decision. If their actions were disruptive, the school would still have the power to limit these actions. The students’ rights are still protected, and the school still has the authority to operate the
The political and societal ramifications of Vietnam's Tet Offensive indubitably illustrate the historical oddity of 1968. 1967 had not been a bad year for most Americans. Four years after the profound panic evoked by the assassination of John Kennedy, the general public seemed to be gaining a restored optimism, and even the regularly protested Vietnam War still possessed the semblance of success (Farber and Bailey 34-54). However, three short weeks following the eve of 68, Americans abruptly obtained a radically different outlook. The Tet Offensive, beginning on January 30, 1968, consisted of a series of military incursions during the Vietnam War, coordinated between the National Liberation Front's People's Liberation Armed Forces (PLAF), or "Viet Cong," and the ...
The articles "Freedom of Speech: Missouri Knights of the Ku Klux Klan v. Kansas City" and "Freedom of Religion: Lyng v. Northwest Indian Cemetery Protective Association" both engage in conflicts pertaining to the First Amendment in the Bill of Rights.
The author gives a situation where most Americans who have gone to school have gone through witch is wearing uniforms and not being able to wear what you want. The author gives information about rights that let students have the right of freedom of expression and other rights that let student wear something different then a uniform. “Clothing choices are "a crucial form of self-expression," according to the American Civil Liberties Union of Nevada, which also stated that "allowing students to choose their clothing is an empowering message from the schools that a student is a maturing person who is entitled to the most basic self-determination." (American Civil Liberties Union of Nevada, "Four Reasons Public Schools Should Think Twice Before Instituting School Uniform Policies," aclunv.org, Dec. 19,
In 1987, Cherry Hill Elementary School in Baltimore, Maryland, became the first school to adopt a uniform policy. (Education Bug, 2010) After this school, there was a dramatic increase in the u...