Freedom Of Speech: Tinker V. Des Moines School

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.

Freedom of speech gives people The right to free speech, which is one of the most precious rights an individual has as a citizen of the United States of America. This right gives people the opportunity to speak their mind and give their opinions of what they think should happen. These rights have been questioned and exercised throughout history and have produced extremely positive things in a lot of cases. The questioning of these rights are

The first amendment, the right of freedom of speech is one of the most important classic fantasy to almost anyone living in the United States, building the foundation of our nation. This right gives us plenty of different opportunities to express our opinions and political viewpoints on any issues in America. But it comes with a price, people have been protesting multiple different events trying to prevent people from expressing opposing opinions or political viewpoints on that has issues in America. For the minority of people, expressing a different opinion should be protected no matter how controversial or insensitive it may be.

     Since this country was founded, we have had a set of unalienable rights that our constitution guarantees us to as Americans. One of the most important rights that is mentioned in our constitution is the right to free speech. “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the

America’s first president George Washington once argued at the [whenever he said this] that “If the freedom of speech is taken away then dumb and silent we may be led, like sheep to the slaughter.” It is an essential component to the daily life of any constitutional republic, such as that of the United States even though it is a right granted to all American citizens, in the past, freedom of speech has been abridged to accommodate political correctness, to prevent disruptive behavior that could negatively affect others, and to protect confidential military information.

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

Free speech is by far the most commonly recognized freedom in our everyday lives. The freedom of speech allows us to voice our own opinions without the severe repercussions of some countries. It allows us to say what we really feel and helps us learn how to communicate in true and meaningful ways. Along with this freedom, we must remember that there are limits to this freedom. While being arrested “you have the right to remain silent” and anything you say can be used against you in court. This freedom is not one to be taken for

Over time the Supreme Court has decided that certain aspects of freedom of speech are more important than others. For example, if someone used their First Amendment rights to lie about things they knew were false, threatened to commit a crime, insult another person, or used overly explicit content, the courts have moral grounds to prosecute those persons. It makes sense that if someone’s freedom of speech lessened another person’s right to freedom of religion or freedom of opinion by instilling fear, that is an unfair use of the First Amendment. These parameters, although not specifically outlined in the Bill of Rights are very important to protect everyone’s right to feel safe believing the things that they do.

The 1960’s was the height of many civil rights and anti-war protests. During this time, student activist became more radical. It began mostly on college campuses when students would organize “teach-ins” to express their opposition to the Vietnam War. In 1969, the Supreme Court issued a ruling in a case called Tinker v. Des Moines. This case changed the history of America because it gave students freedom to voice their opinions. In the case of Tinker v. Des Moines, the question of whether or not the First Amendment’s free speech rights extend to students’ symbolic speech can be analyzed by examining the background, considering the arguments, and reviewing the impact.

Freedom of Expression is a right that all Americans can joy on a daily basis, now imagine if it were a controlled right? That doesn’t make it a right, more so something that we can use when the government says so. In November of 1968, 4 students organized a silent protest against the US policies in Vietnam, which ended with suspension from their local schools. The issue was brought up in court, which led to split consensus. The majority opinion of the Supreme Court was that the expression of speech couldn’t be prohibited unless it was a disruption and harmed the rights of others. The dissent opinion stated that if freedom of speech was without a limit to an extent, who says it could lead to school being a platform for the exercise of free speech instead of education. The argument came to the conclusion of defining the rights and freedom of speech for children in school. I agree with the majority opinion, seeing the freedom of expression shouldn’t be controlled and such.

One of the most well-known Supreme Cases involving student rights was the Tinker v. Des Moines Independent School District decision of 1969. The verdict quickly became a precedent for many other decisions involving school issues and is very relevant today.

Free speech is the backbone that holds democracy together.  Without a free speech, ideas would not be challenged, governments would not be kept in check, and citizens would not be free.  John Stuart Mill said once that, “If all mankind minus one were of one opinion, and only one person were of the contrary opinion, mankind would be no more justified in silencing that one person then he, if he had the power, would be justified in silencing mankind.”( Roleff, 21). The right to free speech is essential to “egalitarian democracy,”(Tsesis) however, this right is not absolute and must be limited in certain situations.

Freedom of speech is part of the first amendment which states, “You are free to say almost anything except that which is obscene, slanders another person, or has a high probability of inciting

Freedom of expression has always been a heated and heavily debated topic throughout our society, more so in recent times due to the increasing amount of freedoms that we gain. However, it is only natural that free speech be something of extreme amounts of conflict since this right is expressed in the very first amendment of the Constitution. But, how loosely should such an important document within our history be interpreted? This has been a question for years, and it is obvious that this particular amendment presents itself through our day-to-day activities. The real issue with freedom of speech is that, even though it is presented to us, there are obviously people who would abuse it to invoke emotional distress, or even to invoke acts of

Freedom of speech should have some limitations. The American people should have the right to say whatever they want, but to an extent. Whether it is on signs or verbally some things should not be expressed. The United States is well known for being “the home of the free,” but some people take their freedom a bit too far. People can burn flags, protest at military funerals, even use the “n” word and watching pornography in libraries.