The first amendment states every United States citizen has the right to press, petition, assembly freedom of religion, and freedom of speech. Also, the amendment states the government is not allowed to make any law that breaks the rights of a citizen. In the case, Tinker v. Des Moines School District (1969), the argument was if the students’ first amendment was violated, but the public schools are not an appropriate place to express freedom of speech.
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”).
Furthermore, the opinion of the Supreme Court reveled that students can express their opinions anywhere even when the principal clearly made a rule banning armbands so problems would not be created. The disruptions from armbands could ca...
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...o school. The dissenting opinion simply argued that freedom of speech is not to be used as a disturbance. Therefore, those students’ right to expression or speech was not violated because it interfered with the classroom’s learning. There is a time and place for everything, and freedom of speech should not be used everywhere.
Works Cited
TINKER v. DES MOINES INDEPENDENT COMMUNITY SCHOOL DISTRICT. The Oyez Project at IIT Chicago-Kent College of Law. 29 October 2013. .
"Tinker v. Des Moines Independent Community School Dist." Tinker v. Des Moines Independent Community School Dist. N.p., 12 Nov. 1968. Web. 10 Nov. 2013.
"COX v. LOUISIANA." Cox v. Louisiana. N.p., n.d. Web. 10 Nov. 2013.
"Tinker Vs.Des Moines Independent School District." Tinker Vs.Des Moines Independent School District. N.p., n.d. Web. 10 Nov. 2013.
Everyone in America, from adults to students have freedom of speech. This freedom is provided by the first amendment. In the case Hazelwood v. Kuhlmeier, students fights for the freedom of speech in their school newspaper. One side of the case was three students who thought their free speech was violated and the other side was the principal defending the school. After the court's decision, this case had a big impact on the school and many other people. Hazelwood v. Kuhlmeier talks about students not giving up their freedom of speech in a school setting.
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...
Name & citation of case: Urban v. Jefferson County School District R-1, 870 F. Supp. 1558 (D. CO 1994)
The case under review involves Bill Foster, who attends a large high school in the northeastern part of the United States. Due to a strong gang presence in the high school, the administrators created a strict policy which denies students the wearing of earrings, jewelry, athletic caps, and emblems. Foster was suspended for wearing an earring to school. He claims that wearing the earring was a form of his self expression and individuality; his intention was not as a gang emblem, but rather a means to attract girls. Foster is suing the school district for violation of his freedom of expression right, guaranteed under the First Amendment of the United States Constitution.
The first Amendment of the United States Constitution says; “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.”[1] Our fore fathers felt that this statement was plain enough for all to understand, however quite often the United States government deems it necessary to make laws to better define those rights that are stated in the Constitution. Today the framers would be both encouraged and discouraged by our modern interpretation the First Amendment the United States Constitution.
"First Amendment Schools: The Five Freedoms - Court Case." First Amendment Schools: The Five Freedoms - Court Case. N.p., n.d. Web. 23 Feb. 2014.
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 because of the First and Fourteenth Amendments of the United States Constitution.
The first ten amendments make up the bill of rights. The first amendment states congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof, or abridging the freedom of speech, or of the press, or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances. Some forms of speech are not covered by the first amendment such as fighting words and threats.
Jahn, Karon L. “School Dress Codes v. The First Amendment: Ganging up on Student Attire.”
This piece argues most of the significant cases that are involved with the first amendment rights of public school students; it also shows all the cases that affect and gives significant information on all the...
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.
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 students, including Tinker were suspended for coming to school wearing black armbands protesting the Vietnam War. The Supreme Court held that students have a First Amendment right to express themselves as long as that expression is not disruptive to the school environment. The First Amendment encourages and protects individual expressions, and in this case the students though and expression was favored. The source is effective because court cases like this one have shaped history and have an impact on parents and students that are against school uniforms. This source is important because even though the decision is from 1968 this court case is still used when talking about school uniforms. The source is informational because it is relevant and unbiased. The judges decided on the matter of the case by looking at both sides of the argument and deciding what is best for the