The Importance Of Free Speech

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.

Significance: The case Tinker v Des Moines broadens the interpretation of student’s First Amendment rights. The students do not shed their First Amendment right when they enter school grounds. Thus extending their right of free speech, press, etc. in their school. They have the ability to freely speak about issues in their schools, etc. However, their rights are still limited in a way their speech may not disturb the learning of

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.

Des Moines is an important case for free speech in the United States. It affirms that students don’t lose their rights when they go to school. However, it also affirmed that schools can limit speech that “materially disrupts classwork or involves substantial disorder or invasion of the rights of others” (Tinker v. Des Moines, 1969). However, the Court has ruled that there are times that the school can limit speech. In 1986, the Supreme Court ruled in Bethel v. Fraser that students can be disciplined for using vulgar and offensive language in school (Gooden, Eckes, Mead, McNeal, & Torres, 2013, p. 25). This case differed from Tinker v. Des Moines because that case was about political speech or expression. Another example of where school can limit the First Amendment is school sponsored newspapers. This was affirmed by the Court in Hazelwood v. Kuhlmeier (1988). That decision stated that schools can reasonably limit the content of school-sponsored newspapers (Gooden, Eckes, Mead, McNeal, & Torres, 2013, p.

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

The Tinker vs. Des Moines case helped determined and interpret legal rights of young citizens for the first time. A group of students made a decision to wear black armbands to school to support a peace establishing agreement during the Vietnam War. As a result, the participating students; Mary Beth Tinker, Christopher Eckhardt, and John Tinker got suspended for their actions (Tinker v. Des Moines Independent Community School District).The school outlawed and attempted to penalize petitioners for a “silent, passive expression of opinion”, that didn’t cause any commotion (Tinker v. Des Moines Independent Community School Dist). The parents decided to sue the school for disrespecting the student’s constitutional rights of expression.

In 1969, a group of students filed a lawsuit against their school district claiming that their First Amendment rights were violated because the school district wrote a policy that prohibited them from wearing black armbands in a silent protest of the Vietnam War. Tinker v. Des Moines Independent Community School District (1969) ruled that students are entitled to their First Amendment rights as long as they are not causing a disruption to the school environment. This paper outlines the procedure and rulings in the case as well as other legal rulings that have expanded on when censorship of students is protected in public school settings as well as provides a personal reflection on how such matters can impact my future as a school administrator.

The 1969 Tinker v. Des Moines court case attested the First Amendment privileges of understudies in school. The Court held that a school region abused the students’ freedom of speech rights when it singled out a type of typical discourse – black armbands worn in dissent of the Vietnam War – for denial, without demonstrating the armbands would bring about significant disturbance in class.

Tinker v. Des Moines case involves two main students. Others students were also involved. The two main student’s names were “John and Mary Beth Tinker (Landmark Cases).” They were from Des Moines, Iowa and this case took place between the years 1965-1969 (Landmark Cases).” The problem with this case was there form of protest. “They wore black armbands to their public school as a symbol of protest against American involvement in the Vietnam War (Landmark Cases).” When their school found out about what they were doing they had an issue with it. “When school authorities asked that the Tinkers remove their armbands, they refused and were subsequently suspended (Landmark

Introduction of Case: In the Tinker v. Des Moines Independent Community School District case, three students, John F. Tinker, Christopher Eckhardt, and Mary Beth Tinker were all suspended from school for wearing black armbands to school to protest the United States involvement in the Vietnam War. The three students who had been suspended from school filed a claim stating that the banning them from wearing the armbands and the suspension was against their Constitutional right, under the First Amendment (Tinker

The case of Tinker vs. Des Moines demonstrated the need to find a balance for students and staff in schools to have protection under not just the first amendment, but all of them, while still giving schools authority. John Tinker and Christopher Eckhardt wore armbands to school to protest their hostilities for the Vietnam War. They were suspended from the school for wearing them. The school board decided it was too much of a disruption for the school. Eventually the case was then taken to court by the fathers of the protestors. The case Tinker vs. Des Moines is significant even today, for it shows that not always will constitutional rights win in the court of law.

John and Mary Beth Tinker and their friend Chris Eckhardt wore black armbands to school in Des Moines, Iowa, to protest the war in Vietnam. The student refused to take off armbands and then were suspended. Parent sued the school and said it was a violation of their First Amendment. On the ruling the Supreme Court sided with the students said As long as an act of expression doesn't disrupt class work or school activities or invade the rights of others, it's acceptable.

The Supreme Court held that while wearing black armbands, the petitioners had been quiet, passive, non disruptive and their behavior did not infringe on others' rights. The Court held that 1.) The student's conduct was within the protection of the Free Speech Clause of the First Amendment and Due Process Clause of the Fourteenth Amendment. 2.) First Amendment rights are available to both teachers and students while at school, but subject to application in view of special characteristics of the school environment. 3.) That the school could not

Tinker v. Des Moines, three students wore anti-war armbands in school to protest the Vietnam War. The students expressed that the school violated their First Amendment and their right to free speech or expression. The school officials claim that the three students disrupted the school education activities by wearing the armbands. “The school officials banned and sought to punish petitioners for a silent, passive expression of opinion” by suspending the students from school (pg.139). Even though they protest silently without disturbing other students. The students took the issue to the court to receive justice for their expression. Tinker v. Des Moines help established student’s first amendments rights in the school system by creating the Tinker test or substantial

In Tinker v. Des Moines Independent Community School District, a group of high school students in Des Moines, Iowa wanted to show their opposition to the deployment of U.S. troops in Vietnam, and decided to wear black armbands during the holiday season. The school system found out about the student’s plan to wear black armbands, so the principals of the Des Moines schools adopted a policy that required students to remove the armbands or be suspended until the student would return to school without the band. Several students, including John Tinker, wore armbands and were suspended from school. As told by the United States Courts, the parents of the suspended students sued the school district because they believed the school district violated the students rights to free speech. The parents lost in the Court of Appeals, and went to the Supreme Court. The Supreme Court ruled 7-2 in favor of the students on February 24, 1969, because, “Students don’t shed their constitutional rights at the school gates.” (United States Courts)