Tinker Vs Moines Analysis

Narrator: In 1969, two students named Mary Beth Tinker and John Tinker attended an anti-Vietnam war meeting.

“Ultimately, the Supreme Court held 6-3 that the school’s search of T.L.O.’s purse was constitutional.” (Lannacci 2016). This essay will briefly examine the up till today open question that can never really be given a definite answer until applied in each case- “the applicability of the exclusionary rule in juvenile delinquency or criminal proceedings when the evidence has been seized in a school, by a school official, in violation of the Fourth Amendment.” (Stoddard 2011).

In the Court’s highly fragmented decision, the justices attempted to define a proper balance of and boundary between federal and state authority: by arguing that state action constituted only those acts sanctioned by the state’s laws and by dismissing Section 20 for vagueness, the major block of dissenters suggested that the risk posed to state autonomy by federal intervention was too great; by recognizing the defendants’ actions as those perpetrated “under color of law” and by creating a “willful” test for acts under Section 20, the majority Opinion affirmed the federal government’s interest in protecting the rights of citizens from abuse by state authority, but provided it with a tenuous means for defending those liberties.

Facts: Safford Unified School District and April Redding, The dispute of this case is when Savannah’s privacy became violated when Safford School District stripped search her and revealed some private areas and her upper chest area. It got to the Supreme Court, when the district court reward a motion, then the Ninth circuit court reversed the ruling on the strip search because it was unconstitutional for them to strip search Savannah the second time.., The Supreme Court used New Jersey VS. T.L.O in the process of helping in the decision because in that case it was school officials searching a girls pursue because they had reasonable doubt that she was carrying cigs and had a list of the people that owed

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.

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.

The Supreme Court planned to desegregate schools. “In September 1957, nine black teenagers hoped to break a racial wall at a school in Little Rock, Arkansas.” (Benson 1). Ernest Green, Minnijean Brown, Melba Pattillo, Terrence Roberts, Elizabeth Eckford, Thelma Mothershed, Gloria Ray, Jefferson Thomas, and Carlotta Walls were the students who became the little rock nine. (Lucas 7). Daisy Bates planned to help them get to school. (Lucas 5). “Many White Southern Parents did not want the black students to go school with white children.” (Lucas 13). All the black students were excited for the first day of school. (Lucas 12).

The District Court dismissed the case, upholding the constitutionality of the school board’s decision to prohibit the students from wearing the armbands. The case later moved onto the US Court of Appeals, where a 4-4 vote upheld the lower court’s decision. They then took their case to the Supreme Court.

The Supreme Court decision in Buck v. Bell displays some clues to the values of early twentieth century American society. The interpretation of the 14th Amendment of the United States Constitution is the lynchpin of the decision, and the values of the court can be derived from it. In this essay I will demonstrate that the ambiguity of the Amendment in question has significant consequences, the ethics of the interpretation of the Amendment is derived form the paternalistic nature of the Constitution, and that equality of the law is subservient to the desire for a homogeneous and comfortable cultural environment.

Glen Loury argues in his essay called “A Nation of Jailer” that the United States is a nation that follows a society that has been affected by racial bias. Loury claims that the people who are targeted by law are racial discriminated. Loury mainly talks about the “poorly educated black and Hispanic men who reside in large numbers in our great urban centers.” (1) Loury has made a clear and strong point. Loury shows his points in three main ways. Loury emphasizes his points by using ethos, logos, and pathos. Loury uses many well-known characters in his writing, and Loury uses strong phrases that impact the reader emotionally and questions to make sure the reader has some sort of connection to Loury’s evidence. Furthermore, Loury gives a lot

The New Jim Crow by Michelle Alexander tries to advance intellectual dialogue regarding mass incarceration in the United States. Alexander does this by carrying out a historical analysis of the process in which the correctional system controls African Americans through intentionally selected, and systematically sanctioned legal limits. In fact, the United States incarceration rate is not at peak by coincidence. Moreover, it is not coincidental that Black men and women make up the majority of this number. According to Alexander, this problem is a consequence of the “New Jim Crow” rules, which use racial stratification to eliminate black individuals in the legal sense. Black people and a small number of the Hispanic community face racial stratified laws when they face the justice system. This paper will support the claims that race is a major factor in the incarceration of black men in the United States, which includes the Jim Crow system, the slave system and the drag war. This process will also involve analyzing of some of the arguments presented within the book.

Days III was charged with the task of defending the constitutionality of the Guns-Free School Zones Act. He argued that because carrying a firearm onto school property could lead to a potentially dangerous situation, it became Congress's job to pass a law regulating it. While this was a solid state of mind, O’Connor wanted to know how this law was a matter of congress. In the very beginning of the trial O’Connor asked, “Is the simple possession of something at or near a school ‘commerce’ at all?”. (97) From the start of this trial it was clear that Day’s argument was going downhill, and four of the Justices only had one question. Was it even possible to regulate the act in question? In the end the justices had an answer to the question, and it was

What the Brown decision provided was a means to challenge the meaning of, “separate but equal”, as it applied to public schooling opportunities for students with disabilities (Blanchett, Mumford, & Beachum, 2005). Before and after Brown, students with disabilities were not necessarily educated in public schools as there were no laws that mandated this. For the most part disabled students were educated in facilities that were separate from the “regular” school setting.

Few in this country would argue with the fact that the United States criminal justice system possesses discrepancies which adversely affect Blacks in this country. Numerous studies and articles have been composed on the many facets in which discrimination, or at least disparity, is obvious. Even whites are forced to admit that statistics indicate that the Black community is disproportionately affected by the American legal system. Controversy arises when the issue of possible causes of, and also solutions to, these variations are discussed. It’s not just black versus white, it is white versus white, and white versus oriental, whatever the case may be, and it is not justice. If we see patterns then the judges should have the authority to say something. Jury nullifications cannot be overturned regardless of the cause. Exclusionary rule, according to CULS (2010) – Prevents the government from using most evidence gathered in violation of U.S. Constitution; like unreasonable search and seizure (Fourth Amendment).

To look closely at many of the mechanisms in American society is to observe the contradiction between constitutional equality and equality in practice. Several of these contradictions exist in the realm of racial equality. For example, Black s often get dealt an unfair hand in the criminal justice system. In The Real War on Crime, Steven Donziger explains,