Tinker Vs Des Moines Independent Community School Case Study

Shanna’s Shirt Students are protected by the U.S. Constitution’s First Amendment right granting the freedom of speech. However those freedoms are limited as Justice Fortas explains as follows: [A student] may express his [or her] opinions, even on controversial subjects…if he [or she] does so without materially and substantially interfering

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

This document supports limiting online student speech because the court ruled that even though it happened out of school, the school’s reason was strong enough to justify their actions toward K.K.

The decision in this case seems to have left public school students’ free speech rights in an ambiguous state. The Justices in support of the majority opinion—Justices Thomas, Alito, Kennedy, and Scalia—were thus

Legal Issues Regarding Grading Historically, legal issues regarding the grading of assignments containing religious material have come to similar decisions. In Tinker v. Des Moines Independent Community School District (1969), a group of students decided to express their views about Vietnam by wearing black armbands to school. Although the district attempted to punish them for this, the Supreme Court ruled that the students were expressing a form of “symbolic speech” and were protected by the First Amendment, as long as it did not disrupt normal school functions. Similarly, expressing views of religion in school is protected if it does not disturb the educational process. According to Haynes and Oliver (2007), students have the right to express religious beliefs “in homework, artwork, and other written and oral assignments free from discrimination based on the religious content of their submissions” (p. 65). An educator must

In the case of Tinker v. Des Moines Independent Community School District, two Supreme Court justices, Abe Fortas and Hugo Black, give their testimony through writing, in which, Fortas agues in favor of the students and gives valid evidence in order to prove his case. However, Black, while he leans in favor of the schools focuses mainly on his opinion that the decision should be left to the school officials and not the courts.

In the article “Tinker v. Des Moines” it talks about our constitutional rights and how someone sued the school because they were in ‘violation of their first amendment right of freedom of speech” (Freedom). The schools say we have our rights but we really don’t. They might say that but when they feel something you said is wrong they aim at punitive actions. They are taking away parts of our freedom by not letting us be able to speak what is on our mind and they should consequences for it. Also in the same article the Supreme Court got involved with the situation and said that “students and teachers don’t shed their constitutional rights to freedom of speech or expression at the schoolhouse gate” (Freedom). If they say our freedom is not shed then why do they tell us what we can and can’t say? It shouldn’t matter where we are, our rights should still be the same. Everyone should be able to be affable at school. People should remonstrate so they could truly have

The following cases are utilized: Pickering v. Board of Education, Mt. Healthy City School District v. Doyle, Connick v. Myers, Hazelwood v. Kuhlmeir, and Garcetti v. Ceballos. The case, Pickering v. Board of Education, the Supreme Court acknowledged teachers have the right to voice personal views as they relate to issues of public concern (Cambron-McCabe, McCathy & Eckes, 2014). More specifically, “The Pickering case is one of the most influential court cases concerned with the balancing of teacher’s First Amendment right to freedom of expression against the state’s interest in promoting efficient schools” (DeMitchell & DeMitchell, 1990, p 385). If a teachers voices personal views that are damaging to coworkers, school procedures, ones’ occupational performance, and does not directly relate to public concerns there will be grounds for disciplinary actions (Cambron-McCabe, McCathy & Eckes, 2014). This constitutional rights stands both inside and outside of the classroom, as educators can utilize various methods of communication, such as social media, written artifacts, visual relics, and expressive language. In the case, Hazelwood v Kuhlmeier, a teacher’s personal opinion can be expressed within the contours of a classroom when applicable to pedagogical reasons. More specifically, “Reasoning that the teachers was speaking for the school, the court concluded that teachers are not entitled to express views in the classroom that are counter to the adopted curriculum” (Cambron-McCabe, McCathy & Eckes, 2014, p. 242). If the topic discussed within the classroom is controversial in nature it must be censored, thus deeming appropriate to a youthful audience. In conclusion, it is imperative for educators to ‘think before they speak,’ as their actions can have detrimental impacts on key stakeholders as well as their

Des Moines, 1969, p. 509) A troubling issue for schools now is how to deal with the issue of homosexuality. The struggle for gay rights often causes heated opposition, particularly on moral grounds from members of religious groups. (Essex, 2005, p. 43) Schools have an obligation to maintain a peaceful environment free of significant disruption, while supporting students' rights of free speech. Schools should ". . . create an environment that is characterized by respect for individual views and divergent forms of expression within reasonable limits. The challenge seems to involve achieving a reasonable balance between an orderly educational environment and respect for the free speech rights of students. Precisely, where do they draw the line?" (Essex, 2005, p. 44)

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.

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.

As in the first case discussed, the issue before the court was also based on the first amendment of the Constitution. The question before the court was; “Do school officials have the right to restrict the free expression of students without first showing that such expression will disrupt the operation of the school?”. After deliberation, the court overturned the decisions of the lower courts and determined that the school board’s actions violated the first and fourteenth

School boards often do not adequately justify their reasons for denying High School Students their first amendment rights. Usually, the

Silencing Students: School Journalism and the First Amendment Newspaper reporting is all about finding stories that will appeal to readers. Journalists try to uncover the real situations and problems that affect those readers and write the truth. What if writers were forbidden to write these articles? It may

“Students … [do not] shed their constitutional rights to freedom of speech or expression at the schoolhouse gates.”