Should you follow morality or the constitution? For some people this seems to be either a rhetorical question or a hard one. It is one of those questions in which you will give yourself a long time to think about, before you answer. The majority opinion in Tinker vs. Des Moines argues that people have the right to express their opinion, while the dissent argues that it is a myth for people to say anything that they want for their pleasure. People have the right to express their opinion, because it is their privilege as a citizen and as a human being. For some people, it seems a little bit odd to have a hearing because of wearing a piece of clothing that violates the school’s rights. Especially, in our country, we know for a fact that we are
I think this court case had a really bad reason for being made into a court case. Even though there was a reason they should have found a better one to make a court case. In this court case we somehow argued for five to ten minutes with each argument that the lawyers laid on the table. We then went out and voted for money to be given to the Tinkers and to let them wear their armbands. So now the school should think of how they’re going to treat matters better instead of just kicking kids out for wearing an armband that says what they think of the Vietnam War. So I think that armbands are allowed because they’re armbands why make a big deal out
What if you were suspended from school because of something you were wearing? Not only was the clothing or item appropriate, it was something you were fighting for or something you believe is right. Is this fair or okay for this to happen? There is a specific incident that this situation happened to a few teenagers in Des Moines, Iowa in December of 1965. A group of students wanting to wear black armbands throughout the holiday season was in for a wake up call. (FORTAS) These plans and or idea were quickly shot down by the high school principals. The principals caught wind of the teen’s plan, so there was a meeting a few days beforehand. The talk of the meeting was to ensure the teens that if they were to wear the black armbands a few
armbands at school, the Court established that students do not shed their Constitutional rights at
High school is a vital time in a child’s life to discover who they are as an individual; expressing themselves through clothes is part of this process. If a student is required to wear a uniform everyday, that would create a lack of self expression. The First Amendment states that every human being in the United States is entitled to express themselves (Anderson). When students are forced to wear
Ever since,Tinker vs. Des Moines in 1969 there has been a debate about students can and cannot wear to school. This Tinker vs. Des Moines Supreme Court Case also along the way within the debate brought in the school uniforms. Three young students wore black armbands to school to protest the fighting in Vietnam. Teachers told the students to take the armbands off the students refused to take off the armbands. As a result, the students were suspended. The parents held a meeting at one of the student’s who were suspended. The parents decided to take this case to the District Court. However, the District Court dismissed the complaint that it was constitutionally wrong ,but the Supreme Court disagreed with a ruling of Seven to two. From then on
Being in 7th grade, the student did not have full rights, “For example, children have a limited right to free speech. ... However, schools may limit the child's speech if they feel it could harm other students.”( What are the Legal Rights of Children? (n.d.). Therefore, for Guiles to argue that the school was infringing on his first amendment, I feel as if this was not correct. The school had every right, and even more power than that, that could induce a dress code that involved identical uniforms. For example, according to ProCon.org. 2017, “In Long Beach, CA, after two years of a district-wide K-8 mandatory uniform policy, reports of assault and battery in the district's schools decreased by 34%, assault with a deadly weapon dropped by 50%, fighting incidents went down by 51%, sex offenses were cut by 74%, robbery dropped by 65%, possession of weapons (or weapon "look-alikes") decreased by 52%, possession of drugs went down by 69%, and vandalism was lowered by 18%.” The students shirt in question had numerous amounts of potentially provoking, or exposure, to these elements shown to cause problems in schools, and infringed on the other students being exposed to these
That well known court case is Tinker vs. Des Moines. Tinker vs. Des Moines was a Supreme Court case that happened in 1969 dealing with dress code. Students got suspended from school for wearing black armbands to publicize their objections to the hostilities in Vietnam.The Supreme Court ruled that public school officials could not censor student expression unless they could reasonably forecast that the student expression would cause substantial disruption or material interference with school activities or would invade the rights of others. This case established our second amendment right; the freedom of expression. Students were getting in trouble for expressing themselves. How can you get in trouble for simply expressing yourself? Rachel Zoe said, “Style is a way of saying who you are without having to speak.” Dressing up and wearing the clothes we wear is how we convey a message. What I’m saying is that girls should not be getting in trouble of what they wear if it is not disruptive. Our outfits are not interfering with our schooling. If anything the dress code is telling us that a male's education is more
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
Narrator: In 1969, two students named Mary Beth Tinker and John Tinker attended an anti-Vietnam war meeting.
Some students have been tied into the misconceptions of the First Amendment Rights. One of which are uniforms and personal clothing, uniforms are used in a lot of schools, it is used for discipline, school safety, and to prevent political and social problems (Faqs). Students have the right to know, meaning they have the right to ask questions and to know what they are doing (Banning Books from the Classroom). Parents also have the right to protest against school work or books that could cause harm to their children (Banning Books from the
Public schools are fools! Most sensible individuals would think silent symbolic protest is nothing to worry about. It’s usually seem as just another way for a person to express themselves in a manner that’s usually not violent and is quiet. In 1964, a school in the state of Iowa objected to that theory. Are school administers determiners of constitutional rights? Does the forbidding against the wearing of armbands in public school, as a form of symbolic protest, violate the students' freedom of speech protections guaranteed by the First Amendment? A small group of high school students involved in the Tinker v. Des Moines Independent Community School District case, got their overall answer after a four year battle, when the issue was first argued.
The reason is that the First Amendment’s Free Speech Clause requires courts and school districts to weigh and balance two forceful ideas that occasionally clash: The need for a safe, orderly school environment conducive to learning. The guaranteed American entitlement to speak or engage in expressive activity. Some states have passed laws empowering school boards to regulate student dress. For instance, Tennessee has a law allowing school boards to pass
As an educator, it is extremely important to know educational policies. On top of the knowledge, it is also imperative to respect the rights granted to students in the democratic society. Attached above is an article, published by the first amendment center, regarding how the first amendment is employed within public schools. The first topic in the article is titled speaking out in school. Here I learned that the school cannot limit the student’s freedom of speech, unless it is hindering the environment to learn, and even then, there is a lot of grey area. Here the school must be able to provide substantial evidence that the student’s writing, speech, or expression would cause great disruption. This also ties directly into school dress code and uniforms required by the school corporation. Students, in many
Imagine picking up your child from school to find her in tears. Through her sobs she tells you that her day was spent in In-School-Suspension (ISS) for refusing to remove her head scarf, part of your family’s religious attire; I’m sure that you would be outraged. Your child’s uniform policy does not allow for any type of head gear to be worn, which left her stuck outside of the classroom and in ISS. In the words of the United States Department of Education, “A school uniform policy must accommodate students whose religious beliefs are substantially burdened by a uniform requirement (“Manual on School Uniforms”), this mandate is distributed to all public schools that want to implement or are currently utilizing a uniform policy. What the school did to your child is considered a violation of her religious rights under the Religious Freedom Restoration Act. A school district in North Carolina came to an out-of-court settlement after being slapped with a lawsuit due to the fact that they denied any exemptions from the uniform policy based on religion. Our great country was founded on the basis of Freedom of Religion, so why should we allow for it to be taken away because of a school board’s decision to adopt a uniform policy that does
Students struggle throughout high school and go through a great deal of stress. Whether it be making friends, or working hard to pass a difficult class. To make things more pressuring, they are not allowed to wear what they want. The administration made the decision that it is best to suspend a student for their choice in clothing. If they go against the rule of dress code, there will be serious consequences. What students wear should not affect their class work. If a student gets sent home for their outfit, it is affecting their grades and attendance. Punishment disrupts the students education more than what they are wearing. High school students should feel free to embrace their individuality without being pressured by dress codes; therefore, it should be eliminated from all schools indefinitely.