Tinker Vs. Des Moines Court Case Essay

Tinker Vs. Des Moines Court Case Essay

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Student court cases against schools, or vice versa, are not as uncommon as they may seem. Tinker v. Des Moines was a court case that ended in 1969 regarding students protesting the Vietnam War. The three students involved in the trial wore black armbands to school, which was prohibited, and were suspended. Since the students felt that their First Amendment right was abused by the school therefore they took the issue to a local court, then eventually the Supreme Court. The case has left a mark on First Amendment rights for students since then. The Tinker v. Des Moines court case impacted the United States by questioning the First Amendment in public schools, spreading awareness of student rights, and by challenging future court cases using the Tinker Standard.
Freedom of speech played a key role in the Tinker v. Des Moines court case. The First Amendment states that all citizens, including students, do have a freedom of speech (McPherson 31). Students contain the right to express what they believe in, however in the court case, it was stripped (McPherson 84). The Tinker case represented a guide for free speech of students and staff within schools because the court case proved that they students were in the right for expressing themselves (Gold 101). One of the cases that makes a difference in students freedom of speech is if they are being disruptive or not.
The most common time that the First Amendment is questioned within schools is if it is disruptive. 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 ...


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... Under the First Amendment?”). Kuhlmeier included controversial topics in her article to causing it to not be covered by her First Amendment right in school and brought her a loss in the court case.
The Tinker v Des Moines case brought u a lot of questions regarding the First Amendment and student rights. In spite of the face it did not work out in the favor of the students, the case helped strengthen students argument for other cases involving student rights. Questioning the First Amendment in public schools, spreading the awareness of student rights, and challenging future court cases through the Tinker Standard are just a few ways that the Tinker v Des Moines court case impacted the United States society. The case impacted society in how it addressed student freedoms even though it was a trial regarding three students protesting the Vietnam War at school.






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