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Freedom. The concept upon which the United States was founded. When people consider the Unites States of America, they think of freedom of speech, freedom of religion, and freedom of expression. Yet, how much freedom do Americans really have? In Tinker v. Des Moines Independent School District, three students fought for their right to express their opinion on a current political issue– the Vietnam War. The students claimed that their actions had not caused any disturbances in the academic environment and “sued the school district for violating [their] right of expression” (“Tinker v. Des Moines,” American History). To fully comprehend the issue of freedom of speech in schools, as it is addressed in Tinker v. Des Moines, one must grasp the issues involved in free speech as well as the social controversy over the Vietnam War and the background of the case, be able to analyze the opposing arguments of the topic, and become aware of the effects of Tinker v. Des Moines on more recent cases and how free speech is approached by schools. One important component in the understanding of Tinker v. Des Moines is having a solid background to build the story on such as knowing the political and social issues at the time. Throughout the 1960’s, the United States was involved in the Vietnam War; over this involvement, much controversy brewed amongst Americans (Overy 430-431). After seeing clips of their wounded troops in Vietnam, many Americans shifted their opinions against the war; as Richard Overy, a professor of history, writes: “[t]he Vietnam War was opposed by increasing numbers of Americans who did not see why their troops were fighting a war with no just cause.” (Overy 431). Many different protests and campaigns broke out as a result of ... ... middle of paper ... ..., David. "Defending Mrs. Halas." Education Week 18.26 (1999): 24. Academic Search Premier. Web. 9 Apr. 2014. McCartan, Conn. Personal interview. 22 Apr. 2014. Overy, Richard. "The Vietnam War." History: The Definitive Visual Guide: From the Dawn of Civilization to the Present Day. Ed. Adam Hart-Davis. New York: DK Pub., 2007. 430-31. Print. Vile, John R. "Freedom of Speech." American History. (2014): n. pag. ABC-CLIO. Web. 21 Apr. 2014. “Tinker v. Des Moines Independent Community School District.” Oyez. IIT Chicago-Kent College of Law, 2011. Web. 17 Apr. 2014. “Tinker v. Des Moines Independent Community School District." Supreme Court Cases: The Dynamic Court (1930-1999) (1999): n. pag. Academic Search Premier. Web. 9 Apr. 2014. “Tinker v. Des Moines Independent Community School District (1969).” American History. (2014): n. pag. ABC-CLIO. Web. 21 Apr. 2014
We, all, have the opportunity to voice our opinion on subjects that matter to us. The First Amendment grants us freedom of speech and expression. However, this was not provided to all students in 1968. During this time, there were three students in Des Moines, Iowa, who wore black armbands to school. These armbands were a symbol of protest against the United States involvement in the Vietnam War. After the Des Moines School District heard about this plan, they instituted a policy banning the wearing of armbands, leading to the suspension of students. A lawsuit has been filed against the Des Moines School District, stating how this principal goes against the students’ First Amendment rights. Thus, in the Tinker v. Des Moines Independent Community School District case, Justice Abe Fortes determined the policy to ban armbands is against the students’ First Amendment rights. Yet, Justice Hugo Black dissented with this decision, determining the principal is permissible under the First Amendment.
In the Tinker v. Des Moines case, the students’ first amendment right was violated. They were not able to express their opinions freely. The first Amendment states, “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise of thereof; or abridging the freedom of speech, or the right of press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances,” (Classifying Arguments in the Cas...
Tedford, Thomas L., and Dale A. Herbeck. Freedom of Speech in the United States. State College, PA: Strata Publishing, Inc., 2009. Tinker V. Des Moines Independent Community School District. Web. 28 Oct. 2013. .
Brennan, William J. “Roth v. United States, Opinion of the Court.” Freedom of Speech in the United States. 24 June, 1957. Strata Publishing Inc. 12 Nov. 2005
Student court cases against schools, or vice versa, are not as uncommon as they may seem. Tinker v. Des Moines was a court case that ended in 1969 regarding students protesting the Vietnam War. The three students involved in the trial wore black armbands to school, which was prohibited, and were suspended. Since the students felt that their First Amendment right was abused by the school therefore they took the issue to a local court, then eventually the Supreme Court. The case has left a mark on First Amendment rights for students since then. The Tinker v. Des Moines court case impacted the United States by questioning the First Amendment in public schools, spreading awareness of student rights, and by challenging future court cases using
Peter, Sagal. “Should There Be Limits on Freedom of Speech?” 25 March. 2013. PSB. PBS.com 14 Nov.
In December 1965, an issue was caused by teachers’ in violating students’ freedom of speech. In December some students from Des Moines Independent Community School District, in Iowa were suspended for wearing black armbands to protest against the American Government’s war policy in support Vietnam (Richard, Clayton, and Patrick).The school district pressed a complaint about it, although the students caused no harm to anyone. Students should be able to voice their opinions without the consequences of the school district.
Amendment one, freedom of speech is a very important factor for all citizens to have. Amendment one protects citizens to freely speak their mind without disturbing the educational process. The government may not put any consequences to any citizens from accessing information and freely speak. The government must protect citizens from unreasonable consequences, such as making signs, posting honestly, and letters that do no threat. The court case that involved amendment one is Tinker vs. Des Moines in 1964. Mary Beth Tinker and her brother wore black armbands to memorialize the Vietnam War. The principle, Des Moines suspened both of them because they refused to take them off. The court case was sent to the Supreme court because Des Moine interfered with Tinker’s right of freedom of speech. The ruling was seven to two in Tinkers favor. The Supreme court stated that students...
How the judicial branch rules in cases relating to the 1st and how they relate that to all the rights of public school students. This includes anything from flag burning to not saluting the flag to practicing religion in school. The main point of this paper is to focus on the fact that schools have a greater ability to restrict speech than government.
At the beginning of each day in many public and private schools around the country, students stand and recite the Pledge of Allegiance. In fact, 35 states have passed laws mandating that the Pledge be recited on a daily basis. This issue has been a source of controversy for years. On one side of the argument exists families and educators who believe in the citizenship and patriotism that reciting the Pledge brings (Chiodo, 2011). On the opposing side, families and educators argue the possible threat to an individual’s First Amendment freedoms.
Herbeck, Tedford (2007). Boston College: Freedom of Speech in the United States (fifth edition) Zacchini vs. Scripps-Howard Broadcasting Company 433 U.S. 562 Retrieved on March 2, 2008 from http://www.bc.edu/bc_org/avp/cas/comm/free_speech/zacchini.html
The purpose of this paper is to explore the topic of freedom of speech and free speech zones on college campuses. This paper will answer the questions: Why have so many Universities who protect academic freedom, retreat into fear of freedom? Are school officials afraid of debate and disagreement? Are they trying to keep people (outside the zone) from hearing words that may offend someone? These questions will be answered through analyses of previous court cases, journal articles and news articles.
The case also states “A prohibition against expression of opinion, without any evidence that the rule is necessary to avoid substantial interference with school discipline or the rights of others, is not permissible under the First and Fourteenth Amendments” (Tinker v. Des Moines Independent Community School District). Because the students didn 't necessarily disrupt the education process, their First Amendment freedom of speech should not have been violated by the school officials.
Kersch, Ken Ira. Freedom of Speech Rights and Liberties under the Law. Santa Barbara, CA:
Since the foundation of the United States after a harsh split from Britain, almost 200 years later, an issue that could claim the founding grounds for the country is now being challenged by educators, high-ranking officials, and other countries. Though it is being challenged, many libertarians, democrats, and free-speech thinkers hold the claim that censorship violates our so-called unalienable rights, as it has been proven throughout many court cases. Censorship in the United States is detrimental because it has drastically and negatively altered many significant events.