Summary Judgment

The case was heard by the Supreme Court on November 12th, 1968 to a packed court house. The main constitutional question at hand was if a prohibition against the wearing of armbands in public school, as a form of symbolic protest, violates the First Amendment's freedom of speech and expression. Attorney Dan L. Johnson argued on the Tinker’s behalf, proclaiming that the students had the constitutional right, as per the 1st amendment freedom of speech and expression, to wear the black armbands as a form of symbolic speech. On the other hand, attorney Allan A. Herrick defended the school board’s actions, inciting that the prohibition of armbands was necessary to prevent and stifle any violence or disorder. The topic of discussion during the oral arguments centered largely upon whether Tinker’s protest was disruptive to the class environment. Johnson argued that the anti-Vietnam protest, although sparking some talk, was undisruptive to school, citing that there was no evidence of disruption in any of the classes. Herrick, conversely, argued that the Vietnam War was an inflammatory issue, and that armbands invoked violence, especially since a

School boards often do not adequately justify their reasons for denying High School Students their first amendment rights. Usually, the

The hearing took place on November 12,1969. During the hearing, leading attorney for the Tinkers, Dan Johnston, argued that the action of the students was censored under the First Amendment and their symbolic speech caused no disturbance. On the other hand, the school argued that they should have the duty to enforce and maintain order and all discretion should be left at the hands of the school and not the court (Anker 379). Around the same time, another case with the same problem arose. In the Burnside v. Byars case, there was a group of black students that attended an all-black public school in Philadelphia, Mississippi. To protest the racial segregation happening in their state, they wore freedom buttons. About thirty of the students who wore the buttons were suspended. The Court of Appeals, in the fifth circuit, said that the students have free speech rights and in order for the school to ban the buttons, the school must have evidence of disruption; otherwise, it is considered arbitrary and unreasonable and cannot be sustained (“Tinker…1969”). In the ruling of the Burnside v. Byars case, the Court of Appeals stated that in order for the school to interfere with students’ free rights, they must have evidence that it was interfering with school orders. However, Judge Stephenson, judge in the United States Court or Appeals, claimed that schools should not be limited to how they restrict

To avoid disturbance and disruption and to create and maintain a safe learning environment, public schools often adopt policies that forbid certain acts on the part of students. Included in many of these policies are prohibitions on hate speech. The opinion of the court in Tinker v. Des Moines (1969) broadly stated that students retain their first amendment rights when they enter the school, but the breadth of that statement is not without limit. Schools may narrowly curtail free speech rights to the extent necessary to maintain good

Tinker v. Des Moines: The students of a public school in Des Moines Iowa wore black arm bands to protest the vietnam war and they were suspended for disrupting learning. The supreme court ruled 7 to 2 that it was a violation of their first amendment rights and that there was no disruption, This garuntees the right to protest in school as long as it doesn't disrupt learning.

COME NOW, PLAINTIFF, by and through her attorney of record, Corey Lightner, Esq.. of YOUNG’S LAW FIRM, and hereby files their Motion for Summary Judgment. The rule governing this matter is Rule 1.510(c) of

- The Tinker v. Des Moines trial was cited, that extended 1st Amendment’s protection to free speech in students, unless the speech would cause some level of disturbance.

This article emphasizes the First Amendment and its limits. In this article, there are many examples and cases that involve the First Amendment and how it is used. In Tinker v. Des Moines, John Tinker and some fellow students that attended Des Moines public school were suspended for wearing black armbands to school. They wore the armbands to protest the Vietnam War. The school district was afraid of the outcome of the students wearing the armbands rather than acknowledging their freedom of speech The students then brought a suit against the school saying that the suspension violated their rights of freedom of speech. The case was appealed to the Supreme Court. The Supreme Court decided that the students did nothing wrong. They silently expressed

Des Moines Independent School District (1969). This historic case involved a group of students who were disciplined and suspended from school after protesting the Vietnam War by wearing black armbands. The wearing of the armbands was ruled to be a form of the students’ free speech and the court stated, “It can hardly be argued that either students or teachers shed their constitutional right to freedom of speech or expression at the schoolhouse gate” (Tinker v. Des Moines, 1969). If Ann Griffin claimed her comment as free speech then she would definitely claim she should not be disciplined for expressing her opinions and

In 1965, Mary Tinker at just thirteen years old decided to practice her freedom of speech. She and her high school peers wore black armbands to school in protest of the Vietnam War. They were then suspended because according to the administrators, school was not a place for demonstration. After this violation of First Amendment rights, Tinker and her family sued the school in a case that went up to the Supreme Court who ruled in favor of Tinker (Scales). Individuals like Tinker have fought and advocated for students’ right to the freedom of speech. Yet, this right has proven its vulnerability time and time again, especially in classroom settings. In Houston, India Landry was expelled from her school for exercising her right to sit during the Pledge of Allegiance. Due to a variety of factors, Landry should have not faced the consequences that she encountered.

The Tinker case of 1969 expanded students’ 1st Amendment rights in school and established the Tinker Test for future cases, whereas, if there was not a disturbance, and others were let alone, students First Amendment rights were intact. LaMorte (2012) notes “It can hardly be argued that either students or teachers shed their constitutional rights to freedom of speech or expression at the schoolhouse gate,” (p. 87). Freedom to express societal, political, and/or economic issues even if they are unpopular, are permitted in school as long as work is not disrupted and there are no threats of violence. Tinker’s right to wear an armband protesting the Vietnam War, a controversial societal issue, was upheld and begin the trend toward promoting students’ 1st Amendment rights in schools.

When supreme court was deciding on the case of Morse v. Frederick, 551 U.S. 393 (2007) there were two previous cases that were cited which where Tinker v. Des Moines Sch. Dist., 393 U.S. 503 (1969) and Bethel Sch. Dist. v. Fraser, 478 U.S. 675 (1986). In the supreme court case between the Des Moines school district and a student by the name of Mary Tinker, both the Fourteenth Amendment as well as the First Amendment were utilized as a means to relieve a dispute of the constitutional rights of freedom of speech. Three students that were attending a public school in Des Moines wore black armbands around their biceps as a peaceful protest against the Vietnam war. The students were suspended from school and through the appeals process, this case

In the case Tinker v. Des Moines, three public school pupils in Des Moines, Iowa, were suspended from school for wearing black armbands to protest the Government's policy in Vietnam. The supreme court has drawn a conclusion that the suspension of the three pupils was illegal. In the review of the case, the supreme list several main points to justify the Protest of pupils.

The students in Tinker were wearing black armbands in school to protest the Vietnam War. Tinker v. Des Moines Indep. Cmty. Sch. Dist., 393 U.S. 503, 504 (1969). School officials suspended students when they refused to remove the bands because they believed they would provoke classroom disruptions and violence, though none had occurred at that point. Id. The Supreme Court held in Tinker that the schools could not prohibit the expression of an unpopular opinion unless such prohibition “is necessary to avoid substantial interference with schoolwork or discipline.” Id. at 511. The students in Tailor by contrast were protesting the United States’ response to 9/11 and began throwing paper and water bottles around the classroom during their protest.

Facts: The Petitioner, Mary Beth Tinker and John F. Tinker who were students in high school of Des Moines Independent Community School District, chose to wear black armbands to school in opposition of the Vietnam War. The Respondent, Des Moines Independent Community School District, created a policy that banned wearing of black armbands to school. Any student who wore armbands to school would be asked to remove it, but if they refuse, they would be suspended until compliance with the policy. Although Mary Beth Tinker and John F. Tinker were aware of the new policy, they still executed their plan. Tinker was sent home and suspended until the end of the date of their plan. Tinker brought the case to the United States District Court, which ruled