Free Speech In Vietnam War

In the history of the Supreme Court, there have been many First Amendment cases that outline if exercises of free speech and expression are constitutional or unconstitutional. One of the most paramount 1st amendment cases is that of Tinker v. Des Moines Independent Community School District (1969). This significant case helped shape the extension of symbolic speech, as well as ensure the freedom of speech and expression to students in schools.

Secretary of State John Kerry once said “I saw courage both in the Vietnam War and in the struggle to stop it. I learned that patriotism includes protest, not just military service.” The Vietnam War was a conflict that lasted from 1956-1975 which the United States participated in along with the South Vietnamese who fought against the Communist North Vietnamese. Many Americans strongly disapproved of the war which caused many protests and riots. The war lasted 25 years killing many people and eventually the North Vietnamese won. The Vietnam War was important to Americans back home because it tested the citizen’s right to free speech, effected future foreign policy, and created many issues for returning veterans.

December of 1965, a group of adults and a few students of Des Moines Independent Community School District including John Tinker, Mary Beth and their friend Eckhard gathered to show they disfavor towards American involvement in the Vietnam war. Few students decided to wear black armbands to express their objections to the hostilities in Vietnam. The three Tinker students among with their friends were suspended for wearing the armbands. All of them did not return to school until after New Year. Acting through their parents, they all went to the Federal District Court to ask for injunctions but the court declined the idea, forcing them to take the case to the Supreme

The United States, the most powerful army in the world at the time of the war. The Vietnamese war started in November 1, 1955 and ended in 1975. To many people it was one of the most pointless wars in the United States history. It was like the country was split during the war. There was many protest against the some of which that drew blood. So why did the United States join the Vietnamese war. What was the impact on American society, the people of America. What was the impact of war on the United States foreign policy. The foreign policy determines how America conducts relations with other countries, further certain goals. So why did the United States join the war, what was the impact of the war on America society, and what was the impact of the war on the United States foreign policy.

In December of 1965 Mary Beth Tinker, John Tinker, and Christopher Eckhardt were suspended from the Des Moines public school system for wearing black armbands supporting a truce during the Vietnam War (Tinker v. Des Moines Independent Community School District, n.d). Mary Beth and John’s younger siblings, Hope and Paul, also participated in the protest (Tinker v. Des Moines, 2013). Mary Beth, John, and Christopher’s suspension was lifted following the Christmas break when the students’ planned protest ended and they no longer were going to wear the armbands (Tinker v. Des Moines Independent Community School District, n.d). The students’ parents sued the school district on behalf of their children (Tinker v. Des Moines Independent Community

In result to this case, the majority of the court noted that the Texas law discriminated upon the law. They feel that this act might bring up anger in other people and more flag burning. The majority of the court also agreed that Johnson had the right to use that form of symbolic speech because it is protected by the first amendment. They find this act is very offensive, but the society’s outrage alone is not justification for depressing Johnson’s freedom of speech.

In the case of Tinker v. Des Moines Independent Community School District, two Supreme Court justices, Abe Fortas and Hugo Black, give their testimony through writing, in which, Fortas agues in favor of the students and gives valid evidence in order to prove his case. However, Black, while he leans in favor of the schools focuses mainly on his opinion that the decision should be left to the school officials and not the courts.

In 1969, three young activists walked into school and were told they could not symbolically express themselves. Without these teens carrying out this simple act of rebellion, students today would lack basic rights in the school place, as they would have no outlet outside of the home to express their views. In order to understand Tinker v. Des Moines Independent School District one must examine the history behind the case, analyze the case itself, and evaluate the impacts on modern society.

In writing the majority opinion, Chief Justice Roberts took note that the Tinker v. Des Moines (1969) ruling decided that students do not "shed their constitutional rights to freedom of speech or expression at the schoolhouse gate." However, the Chief Justice also relied upon the precedent set forth in Bethel v. Fraser, 478 U.S. 675, 682 (1986) which explained how "the constitutional rights of students at public school are not automatically, coextensive with the rights of adults." Additionally, the rights of students are applied "in light of the special characteristics of the school environment," according to the U.S. Supreme Court in Hazelwood School District v. Kuhlmeier, 484 U.S. 260, 266 (1988). The special circumstances in Morse v. Frederick were first that the school has a policy that specifically forbids advocating illegal drug use due to the risks it imposes on other students, and second that principal Morse was forced to decide in the moment whether or not she should act.

Throughout history we have seen how the government can censor the media during a time of war, in despite of the first amendment. We are entitled to our voices and opinions and by censoring what the media and citizens feel, not allowing them to express their concerns or ideas or concepts is an atrocity. The government decides if we enter a war not the citizens. Are we are never allowed to speak out against a war? Does this mean we are unpatriotic or unamerican? During the Civil War, the military often kept reporters off the battlefields. Years later, the U.S. entered the First World War and took control of all radio communications and censored all photographs. Congress then passed the Espionage and

The issue of Tinker v. Des Moines ISD was that students were to wear black arm bands to school in protest of the Vietnam War; however the school warned that anyone wearing the armbands would be would be suspended, but the Tinker children wore their armbands to school (they were the only ones of the group to do so) and were suspended leading to Mr. and Mrs. Tinker filing a law suit claiming that the school violated the children's right to freedom of speech and expression. The court ruled against the school district saying that "students do not shed their constitutional rights at the school house gates. In doing so the court protected what has come to be known as "symbolic speech." In the case of Engle v. Vitale, the Supreme Court ruled that prayers in schools were considered unconstitutional, leading to a ban of all prayers led by teachers in school, even if the prayer was considered voluntary, stating, in a way, that there was some sort of “separation of church and state” which is not true. Lastly, New York Times v. Sullivan focused more on the freedom of the press, ruling that “actual malice” must be proven to support a finding of libel against a public figure.

A group of students gathered for a meeting in December of 1965. They planned to show their support for peace in the Vietnam War. John Tinker and a group of his friends met at Christopher Eckhardt’s home in Des Moines. They all agreed to wear black armbands during the entirety of the holiday seasons and to not eat on the 16th of December and New Years Eve. Their school discovered the student's plan and decided to produce a policy that stated that any student wearing an armband who would not remove it if asked would be suspended. The school would only allow the students to return if they agreed to follow the new policy and remove the armbands. John Tinker’s sister, Christopher Eckhardt, and the other students who attended their meeting all wore the armbands to school. Mary Beth Tinker and Christopher Eckhardt were suspended since they did not cooperate with the policy. Tinker’s parents sued the school for repressing their children's self-expression and opinions. They demanded that a law would be made to forbid the school from disciplining their children for their expressive actions.

has adapted to the jungle and the way of life in Vietnam, he would be

In 1967, 64 percent of all eligible African-Americans were drafted versus only 31 percent of eligible whites (Black 2009). This fact testifies to only a small portion of why nearly all African-Americans found themselves protesting against the Vietnam War. The lack of civil rights in the U.S deterred many blacks from supporting Vietnam, a conflict aimed at liberating the rights of another people. African Americans were frustrated with a country who fought for other citizens and saw no purpose in fighting for a peoples’ freedom but their own. Although African-Americans were specifically discriminated against both in Vietnam and America, they were not alone in their anti-war position. The majority of the American public opposed the Vietnam War. As the war dragged on, people found no reason to fight in Vietnam and believed that the United States should prioritize their own citizens first. Many public figures, such as Martin Luther King, Jr., and Muhammad Ali, held similar claims. Their opinions aligned with the public’s concern and suggested that the U.S withdraw troops and focus resources on the civil rights issues at home. These public figures fought for a specific minority, but, in light of the entire American population, the majority of people opposed the war.

The first topic that will be discussed is the precedent which was set by the Tinker V. Des Moines Independent Community School District court case. In this case John Tinker,