Understudies In The Vietnam War Essay

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

December of 1965, a group of adults and a few students of Des Moines Independent Community School District including John Tinker, Mary Beth and their friend Eckhard gathered to show they disfavor towards American involvement in the Vietnam war. Few students decided to wear black armbands to express their objections to the hostilities in Vietnam. The three Tinker students among with their friends were suspended for wearing the armbands. All of them did not return to school until after New Year. Acting through their parents, they all went to the Federal District Court to ask for injunctions but the court declined the idea, forcing them to take the case to the Supreme

He pointed out and refuted the flaws in the reasoning of the lower court. For example, when discuss on if school has any rights to penal these children, he wrote this, “The District Court concluded that the action of the school authorities was reasonable because it was based upon their fear of a disturbance from the wearing of the armbands. But, in our system, undifferentiated fear or apprehension of disturbance is not enough to overcome the right to freedom of expression. “ This clearly pointed out that school didn’t have any right to deprive children of their freedom of expression based upon “fear” or

In the middle 1960s, every male in America had to register for Selective Service Draft at age 18. He would then be eligible for the draft and could be inducted into the Army for a period of two years. If you were a college student, you could receive a deferment and would be able to finish college without the fear of being drafted. However, once finished with college, a students name would be put to the very top of the draft list and could be deployed at anytime. The anti-war movement was about young men being drafted and then sent into war that most Americans did not believe threatened the security of the US. The Vietnam War was America’s rebellious war, a war without popular support

Justice Hugo L. Black argued against and gave a dissenting opinion from the majority. He argued the school had a right to maintain order and those armbands distracted students from schoolwork, ultimately detracting the abilities of school officials to perform duties. Additionally, concurring opinions arose from Justice Potter Stewart and Justice Byron R. White. Potter argued that students are not necessarily guaranteed the full extent of the First Amendment rights, and White argued that distinction between communicated words and communicated actions are what drives the majority opinion (“Tinker v. Des Moines Independent Community School District:”). In the “Tinker v. Des Moines School District” article it is written that Justice Abe Fortas famously wrote that “it can hardly be argued that either students or teachers shed their constitutional rights to freedom of speech or expression at the schoolhouse gate” giving way to students’ First Amendment rights in the school place (“Tinker v. Des Moines School District:”). In order for a student to lose such right, the school district would now have to prove this act interfered with other students, an issue that begins to surface throughout the remaining 20th

Tinker v. Des Moines (1969) defined that students do not lose their Constitutional rights when they enter the school. This case has helped shape school and district policies and regulations since it was handed down, including the policies of Regional School Unit #40. Other cases, such as Bethel v. Fraser (1986), have clarified that schools can punish lewd speech and language. In more recent times, several Circuit Court decisions have looked at speech on social media written outside of school, but are later brought into school through the Internet. In general, those decisions have upheld that the speech must cause a substantial disruption, or be likely to do so, for an administrator to punish the

Gonyea, D. (2014). LBJ Legacy: Vietnam War Often Overshadows Civil Rights Feat. Retrieved from: http://www.npr.org/2014/04/09/300836769/civil-rights-act-anniversary-may-polish-lbj-s-image

Justice Abe Fortas’ first argument was in paragraph 4 when he said “in our system, undifferentiated fear or apprehension of disturbance is not enough to overcome the right to Freedom of expression.” He backs this up by citing the case of Terminiello v. Chicago where it was determined that the Constitution

Decision of the Court: The court ruled (7-2) in favor of the students, stating that the armbands were a symbolic representation of speech and that the students do not lose their Constitutional rights in

Johnson, 491 U.S. 397 (1989), was heard in the Texas Court of Criminal Appeals. Johnson v. State, 755 S.W.2d 92 (Tex. Crim. App. 1988). The Texas Court of Criminal Appeals reversed the decision of the Texas Court of Appeals, Fifth District holding that “Johnson’s right to freedom of speech under the First Amendment of the United States Constitution was violated by the statute. States cannot pass laws which take away freedoms that are promised under the United States Constitution, and in passing section 42.09(a)(3), the state had deprived Johnson of his constitutional right to express his views about the government.” Johnson v. State, 706 S.W.2d 120 (Tex. App. – Dallas 1986). The Texas Court of Appeals, Fifth District had affirmed the decision of the Dallas County Criminal Court which found Mr. Johnson guilty of desecration of the American flag. State v. Johnson, No. CCR 84-46013-J (Crim. Ct. No. 7, Dallas Cnty. Tex. Dec. 13,

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.

Vietnam was so significant to the United States partly as it would be the first war they would lose. It also had a tremendous financial impact on the country and the casualties were also more in the public eye than ever before due to the media. They learnt that: "a long war for limited objectives, with its steady stream of body bags, will not be supported by the American people" (Martino, 1996, p37). Some suggest that the US should have avoided any involvement in the war.

This paper will be explaining the similarities, and differences, between the Vietnam War and the War in Afghanistan. There are many topics that bring these two wars together. However, I am only going to be talking about public support, policy objectives, military strategy, weapons, fighting spirit, links to home, and death totals. These topics have a lot of information about them, but there is too much to write about every little detail, so I will cover the broad overview of them. Each paragraph will be about one of the topics. There will also be a discussion about insurgencies and counter insurgency operations. These are two big topics in Vietnam and Afghanistan since almost all of the enemy in both wars were, and are, comprised of insurgents and different types of militia groups.

took part in this type of protest. On December 16 - 17 three Tinker siblings