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In the case of Tinker vs. Des Moines, the Supreme Court discusses the sensitive topic over students’ freedom of speech and expression during 1968 and 1969. 3 student petitioners, with the support of their family, decided to walk around school and sit in classes wearing black armbands, protesting the Government’s choices with Vietnam. Schools officials became skeptical and feared disruption in the school so they decided to suspend the students. Upon hearing this, the students’ parents decided to sue the school on their decision to suspend the children. After this case, the dissent made by Justice Black is an excellent illustration containing a strong argument made with a firm tone and examples of other cases that made the counterclaim valid. In the Majority Opinion written by Justice Fortas, the main message that the court revealed is that to interfere with a student’s rights of free speech, a school official must prove that the act had “materially and substantially interfered’ with the students. The Majority Opinion said that students still had their rights and they were not being disrupting. For future situations, the court said that the …show more content…
Because this case was based on the fear and controversy of potential disruption, the authorities tried to remove the source. Black states his opinion through a straightforward tone and many examples from other cases. The Justice thinks that the reason that the Supreme Court came to conclusion that they did, was because it “shocked the courts conscience.” Black says that opposite of the courts view, teachers and students go to school to teach and be taught to, not to take their constitutional rights of freedom of speech and expression into the school gates to express their opinion how, when, and where they
In the majority opinion, Justice White wrote “Educators did not offend the First Amendment by exercising editorial control over the content of student speech so long as their actions were” The court also noted that the paper was a sponsored newspaper by the school which was not intended to be seen by the public, but rather for journalism students to write articles based off of the requirements for journalism 2 class, and all subjects must be appropriate for the school and all its
Therefore, the respondents took the case to court (Island Trees…). The holding, the court’s decision, by a 5-4 vote, was “The First Amendment limits the power of local or school boards to remove library books from junior high schools and high schools” (Island Trees…). The court also said that the Board of Education “should not intervene in ‘the daily operations of school systems’ unless ‘basic constitutional values’ were ‘sharply implicate[d]”(qtd. in Board of Education, Island). The dissent consisted of Burger, Powell, Rehnquist, and O’Connor; the concurrence consisted of Blackmun and White (Island Trees…).
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.
Many Supreme Court cases in the United States have reassured its citizens’ rights. One of those cases was that of the 1965 Tinker v. Des Moines Independent Community School District case. This case was about five students who were suspended from school for wearing black armbands. Should the students have been suspended? The Tinker v. Des Moines case was a very controversial Supreme Court case in which the right to freedom of speech and expression for students in public schools was violated.
The famous Brown v. Board of Education of Topeka can be used to illustrate when judicial review should be implemented to aid one or a faction in actions that are unconstitutional. In the town of Topeka, Kansas a black third-grader was forced to walk one mile through a switchyard in order to get to her black elementary school, although a white elementary school was only a few blocks away. Her parents attempted to enroll her into the white school but were repeatedly denied. The Brown v. Board of Education case was tried on behalf of the black minority that was the target of racial segregation in public schools.
Today, there are student laws regarding disruption that were brought about because of the court case (Sternburg). If what is said is not disruptive in the classroom, create chaos, or invade other 's rights, it is considered acceptable (McPherson 86). The students involved in the Tinker case were lucky since they were protected because they were not disruptive, nor was there offensive speech (“Tinker v. Des Moines: Establishing the Right”). It is important for students to avoid disruptions to prevent offensive speech that could be taken as
The first amendment states some of the freedoms we have. These are freedom of religion and freedom of expression. These include the right to free speech, press, assembly, and to petition the government. The reason for wanting to wear the black armbands was to show their anti-war belief in the Vietnam War. Rebelling against the authority figures’ ruling, three students wore the armbands and got suspended. The students’ names are John F. Tinker, who was 15 years old at the time, Christopher Eckhardt, 16 years old, and 13 year old Mary Beth Tinker (John’s younger sister). Getting suspended, the students did not return until after New Year’s Day (FORTAS). “This case was significant because the justices stated, “students do not abandon their civil rights at the school house door....” The school is not allowed to limit a student or teachers first amendment...
Through using case laws, the First Amendment, and previous cases, Justice Abe Fortas explains the reasoning behind why the principal was not permissible. In the first two paragraphs, Fortas provides a brief summary stating how the policy banning armbands go against the First Amendment. In the following paragraph, Fortas says, “Only a few of the 18,00 students in the school system wore the black armbands.” When introducing his first argument, he supports this fact explaining how “the work of the schools or any class was [not] disrupted.” As for the fourth paragraph, Justice Fortas provides a counter argument with what the District Court said. The District Court concluded the school authorities were reasonable since it was based upon their fear o...
On the other hand, students have the right to speak out for what they believe in without having any interference; they have the right to voice their opinion. This protection is all due to the first amendment protection. The first amendment protects the students and also the teachers’ freedom of speech, that includes during and out of school. With the protection of the first amendment no person is able to violate your right to freedom of speech. Any pers...
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
Several high school and junior high school students were suspended from school for wearing the arm bands and refusing to remove them, although they knew of the school policy. They were told they could not return to school until they were not wearing the black arm bands. The Supreme Court said that it is not constitutionally allowable to ban one particular expression of opinion of politics when other expressions of political views are allowed to be displayed using other symbols. This is especially the case when none of the expressions are interfering with discipline or schoolwork. Therefore, the Supreme Court held that by creating a policy that does not allow students to wear black arm bands to school to show their opinion of the war does deny the students their right to free speech under the First
In the Supreme Court case of Tinker v. Des Moines Independent Community School District, it was found that students are protected under the First Amendment and do not shed their
The Supreme Court is perhaps most well known for the Brown vs. Board of Education decision in 1954. By declaring that segregation in schools was unconstitutional, Kevern Verney says a ‘direct reversal of the Plessy … ruling’1 58 years earlier was affected. It was Plessy which gave southern states the authority to continue persecuting African-Americans for the next sixty years. The first positive aspect of Brown was was the actual integration of white and black students in schools. Unfortunately, this was not carried out to a suitable degree, with many local authorities feeling no obligation to change the status quo. The Supreme Court did issue a second ruling, the so called Brown 2, in 1955. This forwarded the idea that integration should proceed 'with all deliberate speed', but James T. Patterson tells us even by 1964 ‘only an estimated 1.2% of black children ... attended public schools with white children’2. This demonstrates that, although the Supreme Court was working for Civil Rights, it was still unable to force change. Rathbone agrees, saying the Supreme Court ‘did not do enough to ensure compliance’3. However, Patterson goes on to say that ‘the case did have some impact’4. He explains how the ruling, although often ignored, acted ‘relatively quickly in most of the boarder s...
This speaks all about how the school thinks instead of not thinking about the right’s of the students. Yes, the school should not just put people on silent mode when the students have rights. “This episode discusses students’ First Amendment rights in the 1969 case, Tinker v. Des Moines” (paragraph 3). They are also rights to do protest the school should not be allowed to put a rule in to make students be quiet. “When the school heard that this was planned, they made a special rule designed to censor this form of silent speech, also known as symbolic speech, in which the symbol clearly communicates an idea to those who see it, and they said that anybody who wore a black armband to school would be suspended” (paragraph 6). Like the rights say they should be allowed to protest no matter what the issue is. This passage also has the most strength, because it’s from the head of all