Tinker Vs Des Moines Case Study

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

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

“Congress shall make no law... prohibiting the free exercise thereof; or abridging the freedom of speech...”. This is what our first amendment speaks about. The freedom of speech and expression. Schools have been violating this law in the place of school dress codes. There should not be a dress code in school because it violates the first amendment, they do not support creativity and they are expensive.

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 case of Tinker v. Des Moines revolved around American's discontent for the actions the country was taking overseas in Vietnam. In 1965 in protest against the war, John and Mary Beth Tinker "wore black armbands to their public school as a symbol of protest against American involvement in the Vietnam War" (StreetLaw Inc. 1). The two were young students at a local high school. Their protest was noticed by the authorities of their school, who then promptly demanded that the two remove their armbands. This demand was denied, and the Tinkers refused to do so, claiming that it was their right to free speech that was provided to them by the Bill of Rights. As a result the two were suspended from their school (StreetLaw Inc. 1). Yet, the Tinkers were unwilling to accept the punishment, and saw the act as a violation of their First Amendment rights. They sought legal action and took the case all the way to the Supreme Court in 1968.

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.

John and Mary Beth Tinker were public school students in Des Moine, Iowa in December of 1965. The school directly violated and broke their 1st and 14th amendment by making them take off their armbands or get suspended until they agreed to go to school without them on. Tinkers had the right to wear the armbands and the school could not say otherwise

Facts of the Case: In 1965, three Des Moines, Iowa students decided to wear black armbands on their arms in protest of the United States government involvement in the Vietnam War. The students wore their armbands until the New Year. The school found out about the protest and stated that any student who wore the armbands would be suspended from school until they came back to school without the armbands. The three students were then suspended until January 1, 1966 (Tinker v. Des Moines Independent Community School District (1969).

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.

The first amendment guarantees freedoms concerning religion, expression, assembly, and the right to petition. People have been exercising the first amendment even before it was established. During the Vietnam War, there was a rave of people exercising their first amendment. A landmark case is Tinker versus Des Moines Independent Community School District, 1969. The facts of the case is that a group of public school pupils sported black armbands to school to protest the Vietnam War. Eventually, the group of white teens was garner and suspended for not removing the particular object from their body and was not arrested for breaking the rules. The assembly of teens that was suspended sued the district for violating their first amendment and won the case. Another example

In the Tinker V. Des Moines Independent community school district case students were involved in a silent protest against the Vietnam war. The school tried to prevent the students from protesting by telling them that if they wore their black armbands they would be suspended until they agreed to take them off. The U.S. District Court sided with the school saying that the bands could disrupt the children from their work. The students appealed the case to the Court of Appeals but lost. They then took their case to the Supreme Court (Tinker V. Des Moines Independent School District).

The District court dismissed their claims on the basis that through student protest, the students would be a disturbance to learning within their schools. After the dismissal of the District Court, the case was taken to the U.S. Court of Appeals for the 8th Circuit, in which the justices were split. The slit decision of the Court of Appeals resulted in the standing of the District Courts ruling. Since the U.S. District Court’s decision continued to stand, the Tinkers and Eckhardt’s were forced to appeal to the Supreme Court directly. The case reached the Supreme Court on November 12th, 1968. Within the Supreme Court, the question of “Does a prohibition 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?”. This question was decided upon on February 24th, 1969. In a 7-2 decision, the Supreme Court sided with the students claiming that by suspending the Tinker’s and Eckhardt for wearing armbands, Des Moines District violated the students First Amendment rights. The high court agreed that student’s free rights should be protected stating “students don’t shed their constitutional rights at the school

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 passage Tinker v. Des Miones Independent Community School District, they believe the students set themselves up for suspention. "While the record does not show that any of these armband students shouted, used profane language, or were violent in any manner, detailed testimony by some of them shows their armbands caused comments, warnings by other students, the poling of fun at them, and a warning

How would kids feel if they could not exercise their right to freedom of speech?The Tinker family had to go as far as the United State's Supreme Court to get a ruling on it.Fortas opposed on the ruling of the Supreme Court towards agreeing with the school's decision.While on the other hand Ross agreed with the ruling of the Supreme Court and how there evidence towards the ruling came.In Fortas argument he stated that he disagreed with what the Supreme Court ruled by saying "It does not concern aggressive, disruptive action or even group demonstrations", which showed that he disagreed with what the Supreme Court ruled. Ross's audio tape explained how they was wearing the armband to support.This shows that the Tinker kids was wearing the armbands