Why Is It Wrong To Wear Armband To School

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

In this text, the case hinges on whether the students created a disturbance. There was a fear that they might create one, but since they never did, the court held that their self-expression was protected.

The principal suspended the students until the end of the protest. The Tinker’s sued the School District for violating their freedom of expression right.

The hearing took place on November 12,1969. During the hearing, leading attorney for the Tinkers, Dan Johnston, argued that the action of the students was censored under the First Amendment and their symbolic speech caused no disturbance. On the other hand, the school argued that they should have the duty to enforce and maintain order and all discretion should be left at the hands of the school and not the court (Anker 379). Around the same time, another case with the same problem arose. In the Burnside v. Byars case, there was a group of black students that attended an all-black public school in Philadelphia, Mississippi. To protest the racial segregation happening in their state, they wore freedom buttons. About thirty of the students who wore the buttons were suspended. The Court of Appeals, in the fifth circuit, said that the students have free speech rights and in order for the school to ban the buttons, the school must have evidence of disruption; otherwise, it is considered arbitrary and unreasonable and cannot be sustained (“Tinker…1969”). In the ruling of the Burnside v. Byars case, the Court of Appeals stated that in order for the school to interfere with students’ free rights, they must have evidence that it was interfering with school orders. However, Judge Stephenson, judge in the United States Court or Appeals, claimed that schools should not be limited to how they restrict

In December of 1965 Mary Beth Tinker, John Tinker, and Christopher Eckhardt were suspended from the Des Moines public school system for wearing black armbands supporting a truce during the Vietnam War (Tinker v. Des Moines Independent Community School District, n.d). Mary Beth and John’s younger siblings, Hope and Paul, also participated in the protest (Tinker v. Des Moines, 2013). Mary Beth, John, and Christopher’s suspension was lifted following the Christmas break when the students’ planned protest ended and they no longer were going to wear the armbands (Tinker v. Des Moines Independent Community School District, n.d). The students’ parents sued the school district on behalf of their children (Tinker v. Des Moines Independent Community

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.

In 1969, a group of students filed a lawsuit against their school district claiming that their First Amendment rights were violated because the school district wrote a policy that prohibited them from wearing black armbands in a silent protest of the Vietnam War. Tinker v. Des Moines Independent Community School District (1969) ruled that students are entitled to their First Amendment rights as long as they are not causing a disruption to the school environment. This paper outlines the procedure and rulings in the case as well as other legal rulings that have expanded on when censorship of students is protected in public school settings as well as provides a personal reflection on how such matters can impact my future as a school administrator.

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

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

The families of the students filed suit in the District Court stating that their First Amendment rights were violated. The case went before the District Court and was appealed to the Supreme Court. The families sought for nominal damages as well (Tinker v. Des Moines Independent Community School District

The District Court decided that the students who petitioned the Vietnam War sought nominal damages. Also the court believed what the school did was under its constitutional authority to prevent the disturbance of school discipline, 9258 F. Supp. 971 (1966). The case moved on to the Court of Appeals. The case was considered en banc, which means all the appellate judges were there to hear it. The court was equally divided on the case, so the District Courts decision was affirmed with no opinion from the Court of Appeals, 383 F.2d 988 (1967). The court recognized the action of the students wearing the armbands to protest the Vietnam War was protected by the Free Speech Clause of the First Amendment. This case was so close to “pure speech”, which is entitled to comprehensive protection under the First Amendment. The District Court figured that it can’t be argued that neither teachers nor students should lose their constitutional rights when at school. The problem was that the students freedom of speech rights collide with the school authorities rules. There was no evidence showing that the protest disrupted any classes or work of the schools. The District Court came to their final conclusion after looking the case over again. They decided 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. In no way was the school authorities trying to deny the student’s constitutional rights. Although the students were suspended from school for protesting the Vietnam War, it was not because they weren’t protected by the First

John and Mary Beth Tinker and their friend Chris Eckhardt wore black armbands to school in Des Moines, Iowa, to protest the war in Vietnam. The student refused to take off armbands and then were suspended. Parent sued the school and said it was a violation of their First Amendment. On the ruling the Supreme Court sided with the students said As long as an act of expression doesn't disrupt class work or school activities or invade the rights of others, it's acceptable.

I further believe that in order to teach children, school districts need a certain amount of authority and structure to keep students safe and effectively teach them. School districts need to provide a positive learning environments that includes free speech for both students and teachers for optimum learning. However, I have concerns that school regulations could have far reaching affects not originally intended and when school's regulations are not applied equitably. I agree with the Supreme Court's descending decision in this case and the District Court's decision that the action of the school authorities was reasonable.

Tinker v. Des Moines, three students wore anti-war armbands in school to protest the Vietnam War. The students expressed that the school violated their First Amendment and their right to free speech or expression. The school officials claim that the three students disrupted the school education activities by wearing the armbands. “The school officials banned and sought to punish petitioners for a silent, passive expression of opinion” by suspending the students from school (pg.139). Even though they protest silently without disturbing other students. The students took the issue to the court to receive justice for their expression. Tinker v. Des Moines help established student’s first amendments rights in the school system by creating the Tinker test or substantial