The Famous Supreme Court Case: Tinker Vs. Des Moines

In the case Tinker V. Des Moines a group of adults and students in Des Moines decided that in protest of the Vietnam war they would wear black armbands during school. Although the protest was silent, the school feared the controversy that this would cause and implemented a new policy that forbid students to wear armbands or they would face suspension. When the day came the students were asked to remove the bands and they refused, they were suspended and asked to not return until they removed the armbands. The parents of the students decided to sue the school because they believed the schools action went against the first amendment. The supreme court came to a conclusion after analysing the majority opinion

Tinker v. Des Moines Schools took place in 1969. The historical significance of the Supreme Court’s decision in Tinker v. Des Moines Schools is that the case detailed the rights of students attending public schools. The case originated when five children, four of which were Tinker children and one a friend of the children, wanted to wear black armband to protest the Vietnam War at their school. The administrators on the Des Moines School Board created a policy that required the students to remove the armbands or they would be punished. Three of the five children were suspended from school. In District Court, the court ruled that the Des Moines School Board were justified in their actions.

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.

All around the world, the United States is known for its freedom and rights set up by the constitution. In “United States Supreme Court majority Opinion,” by Chief Justice Abe Fortas, “United States Supreme Court dissenting opinion,” by Justice Hugo Black, and a transcript radio interview with law professor Catherine Ross it explains that school children were suspended for peaceful protesting and their opinions on the outcome of the court case Tinker v. Des Moines Independent Community School District. While all the arguments were presented with evidence, the argument best presented was in the passage by Chief Justice Abe Fortas and in the the radio transcript. This is because of the use of ethos, logos, and pathos.

John Tinker, Mary Beth Tinker and Christopher Echardt all attended the same public school. They decided to wear black armbands to school to protest the Vietnam War. They were asked by the school to remove the armbands but the kids refused to do so. This resulted in the suspension of all three students. Through their guardians, the scholars sued the school region for infringing the scholar’s right of expression and looked for a directive to keep the school from suspending them. The Tinkers took to court. The Tinkers claimed that they were suspended for essentially expressing their views on the war. They thought this move made by the school

Tinker v. Des Moines was a case arguing over whether the students were allowed to peacefully protest the Vietnam war in schools by wearing a black arm band with a peace sign on it. The Supreme court decided that they were allowed to peacefully protest because it didn't hinder the students for learning and it didn't lead to criminal activity. This case was one of the most important cases in US history because it was a stepping stone for students to express themselves freely in schools.

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.

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

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

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 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

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

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.

“Tinker vs. Des Moines” is a case where two citizens expressed their rights by wearing black armbands to school to protest against involvement in the Vietnam

According to the Bill Of Rights Institute this case “affirmed the First Amendment rights of students in school”. The Bill of Rights Institute also states that “The Court held that a school district violated students’ free speech rights when it singled out a form of symbolic speech – black were armbands worn in protest of the Vietnam War – for prohibition, without proving the armbands would cause substantial disruption in class.” This case is important to freedom because after learning that the court ruled in the Tinker’s favor, I know that the Supreme Court if needed will protect my freedom even if it is something as small as what I can wear to school. Furthermore, the Supreme Court and other various courts will protect my rights as an American Citizen because I live here and the America truly is the land of the free. By learning about this case, I know that America will always protect my rights and if somebody violates it, I will not have to be violated of my rights anymore, I know that I can go to a court and plead my