Truly, I don’t know anything about this court but I did read the website of what happened but yet somehow the Tinkers won in the court case mainly because the school did not lay any good arguments on the table.
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
The third case, Daniel RR v. State Board of Education, was documented in United States Court of Appeals, Fifth Circuit in June 12, 1989. This case discussed whether a child with disability is given a right to receive mainstream education.
T.M., by A.M. and R.M., his parents, Plaintiff-Appellant-Cross-Appellee, v. Cornwall Central School District United States Court of Appeals, Second Circuit Docket nos. 12-4301, 12-4484(XAP). Decided: April 2, 2014
In the Supreme Court Case Bethel School District #43 vs. Fraser, the main constitutional issue under scrutiny was the first amendment rights and what they specifically cover. The parties involved in the case was the Bethel School District itself, and the high school senior from that school named Matthew Fraser. The court hearing itself happened in 1986 but the incident causing the court case happened in 1983. The incident occurred at Bethel High School in Bethel Washington, and was an ongoing controversy until it was put to rest by the Supreme Court.
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 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.
The Tinker v. Des Moines case had lots of impacts; including the Tinker family’s lives over the years. Mary Beth continued in activist movements such as peace, anti-war, and civil rights efforts. John Tinker continued his anti-war movements in college. He even ended up majoring in protest. In addition, only 2 years after the ruling, leading attorney for the Tinkers, Dan Johnston, was invited to Roosevelt High School to be their commencement speaker (Anker). Secondly, to mark the 50th anniversary of the case, On December 15, 2015, Mary Beth and John Tinker visited Roosevelt High School and discussed students’ rights. Besides the effects of the people involved in the case, many subsequent cases have also been affected from the Tinker v. Des Moines case. For example, a subsequent case similar to the Tinker case would be Epperson v. Arkansas. In this case, a teacher, in a public school, sued the school for prohibiting her from teaching human evolution. The Supreme Court, with Justice Abe Fortas writing the opinion, concluded that "The State's undoubted right to prescribe the curriculum for its public schools does not carry with it the right to prohibit, on pain of criminal penalty, the teaching of a scientific theory or doctrine where that prohibition is based upon reasons that violate the First Amendment” (qtd. in “Epperson v.
In summarizing the salient points of the Supreme Court case Elk Grove Unified School District v. Newdow, it had to do with the respondent’s father who sued candidates, including a school region, affirming that the school locale's approach requiring the recitation of the Pledge of Allegiance at his little girl's school damaged the First Amendment. The United States Court of Appeals for the Ninth Circuit found that the father had standing and decided for the father. Certiorari was conceded to audit the standing and First Amendment issues.
Citizens in America are born with a various amount of rights. One of these rights include the freedom of speech and expression. However, school administrators have the ability to restrict a student’s expression. The Supreme Court Cases ‘Bethel School District v. Fraser’ and ‘Frederick V. Morse’ gave schools the right for the administrators to discipline children when they see fit. Students should be able to express themselves in any way without fearing that their school administrators will discipline
Mary Beth Tinker stepped back from civil rights briefly following the ruling of the case. The article “Tinker v. Des Moines School District” mentions that Mary Beth went on to “work with the Veterans Administration after becoming a nurse” and enjoyed helping war veterans in any way possible. Later in life she became an anti-war activist and continued to be a civil rights advocate. John Tinker, her brother, did not refrain from activism but became even more involved as he progressed through college. John also went on to assist third world countries affected by war or embargos (“Tinker v. Des Moines School District:”). One final interesting fact was that Dan Johnston, the attorney for John, Mary Beth, and Christopher, was invited to speak, years after the decision, at Roosevelt High School, the same school he led the lawsuit against (Shackelford
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.
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.