The First Amendment of the United States gives citizens the five main rights to freedom. Freedom of speech is one of the rights. If people did not have the freedom of speech there would be no way of expressing one’s self and no way to show individuality between beliefs. This Amendment becomes one of the issues in the Tinker v. Des Moines Independent Community School District Supreme Court case that happened in December of 1969. In the case of Tinker v. Des Moines there were five students that got suspended for wearing armbands to protest the Government’s policy in Vietnam. Wearing these armbands was letting the students express their beliefs peacefully. Many people would consider that the school did not have the authority to suspend these petitioners …show more content…
Thus, they filed a complaint to the court. The complaint prayed for an injunction restraining the respondent school officials and the respondent members of the board of directors of the school district from disciplining the petitioners (“Tinker v. Des Moines Independent Community School District (No. 21)”). At first, the District Court dismissed the complaint seeing that the school’s policy of dress code gives them the right if they are concerned with is creating a distraction from learning or if it might cause a disruption. The Fifth Circuit had referenced a similar case, though it was not followed, that contained the complaint of wearing symbolic materials and that it is not prohibited unless it interferes with the discipline in the school’s operations (“Tinker v. Des Moines Independent Community School District (No. 21)”). The District Court was equally divided. The District Court reversed and remanded their opinion, giving it more support, and favoring in the school authorities’ side. The dissenting opinion was completely against this opinion of law and used the First and Fourteenth Amendments to their …show more content…
Though the school was only suspending these petitioners to prevent distractions and disruptions, it’s against the petitioners’ constitutional rights. The case of Tinker v. Des Moines Independent Community School District is questioning our Freedom of Speech and national equality in schools. This leaves America with the question: how far do constitutional rights given to citizens of America stretch?
Kelly, Martin. "Tinker V. Des Moines." American History. About.com, n.d. Web. 13 Nov. 2013.
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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.
It was a 1986 case involving a seniors, Matthew Fraser, campaign speech at school that used “sexually suggestive comments and gestures” which created an uproar in the audience (Lusted, Marcia Amidon, and Gerald T. Thain 126). Fraser was suspended for several days and was not allowed to speak at commencement therefore he made the decision to sue the school district since he felt his First Amendment was violated (Lusted, Marcia Amidon, and Gerald T. Thain 126). He was voted against seven to two because he used vulgar language which is not allowed in schools (Lusted, Marcia Amidon, and Gerald T. Thain 126). Because Fraser was not peaceful or non-vulgar like the Tinker case, he was not able to win the case against the Bethel School
Amendment one, freedom of speech is a very important factor for all citizens to have. Amendment one protects citizens to freely speak their mind without disturbing the educational process. The government may not put any consequences to any citizens from accessing information and freely speak. The government must protect citizens from unreasonable consequences, such as making signs, posting honestly, and letters that do no threat. The court case that involved amendment one is Tinker vs. Des Moines in 1964. Mary Beth Tinker and her brother wore black armbands to memorialize the Vietnam War. The principle, Des Moines suspened both of them because they refused to take them off. The court case was sent to the Supreme court because Des Moine interfered with Tinker’s right of freedom of speech. The ruling was seven to two in Tinkers favor. The Supreme court stated that 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.
The Tinker v. Des Moines case was a very important case in history. It changed a big part of school district rules. The Tinker’s were a family with two children who attended Des Moines Independent Community School District in the sixties. The Tinker’s had two kids, John F. Tinker and Mary Beth Tinker. One day the Tinker kids and Christopher Eckhardt, another Des Moines student, wore black armbands in a silent protest against the government’s policies in Vietnam during the Vietnam War. Both Tinker children and Christopher Eckhardt were suspended for their protest. When the Tinker and Eckhardt tried to fight the suspensions the District Court said it was within the school’s power to suspend the children but the parents knew that wasn’t right. So, the Tinkers and Eckhardts moved their case to the Supreme Court.
Kelly, Martin. "Tinker v. Des Moines." About.com American History. American History, 7 Apr. 2014. Web. 11 Apr. 2014.
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
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.
The First Amendment, usually equated with freedom of speech, affords five protections: Establishment Clause, Free exercise of religion, Freedom of speech, Freedom of press, and Freedom to peaceable assemble. Students (and student groups) in public colleges and universities enjoy full protection under the First Amendment; however, this right depends greatly on the context in which a student might raise a free speech claim. Once an institution creates a limited public forum for a student or group, administration cannot deny recognition to particular student or groups based on viewpoints. Given the great freedom students are afforded, the freedom is not absolute. The courts have allowed administrators to place reasonable restrictions on location, time, and manner of students and groups. In Tinker v. Des Moines, the court made it clear that, students do not “… shed their constitutional rights when they enter the schoolhouse door." To strengthen the importance of free speech on campus the court said, in Shelton v. Tucker “The vigilant protection of constitutional freedoms is nowhere more vital than in the community of American Schools.” These rights allow students to be able to take courses in a wide variety of subject matter, which may include topics often considered controversial. Moreover, student must have the ability to explore and discuss those topics without fear censorship or retaliation.