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First amendment rights in schools
First amendment rights in schools
First amendment rights in schools
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The year is 1965 and tension is high the country as we were in the middle of a very controversial war. So, a couple of Des Moines students, in protest of this war, decided to express their disdain by wearing black armbands with white peace symbols on them. When the School district learned of this plan the instituted a rule stating that any students wearing an armband would be asked to remove it immediately, and if they did not comply then they would be suspended until they showed up without it. The kids, wanting to use their first amendment rights, wore the armbands to school anyway and got suspended until their protest was scheduled to end (January 1, 1966). A few days later the ACLU approached the children’s livid father and he agreed to
...e to breach Supreme Court sovereignty would render the different minorities, residing in the United States, helpless to further governmental legislature justifying racial discrimination. In their struggle to preserve racial inequality segregationists immorally resorted to using violence against children. Through “a sharp realisation of the shameful discrimination directed at small children” the world perceived an inconsistency in a nation that preached freedom for all, though denied the very same right to its children. Ernest Green and the other eight students “learned unmistakably that they possessed irresistible power” during the crisis but only if they realised it and united against discrimination and racism.
Matthew's father appealed the school district's actions on behalf of his son to the federal district court. He alleged a violation of his First Amendment right to freedom of speech and sought both injunctive relief and monetary damages. The District Court held that the school's sanctions violated respondent's right to freedom of speech under the First Amendment to the United States Constitution, that the school's disruptive-conduct rule is unconstitutionally vague and overbroad, and that the removal of respondent's name from the graduation speaker's list violated the Due Process Clause of the Fourteenth Amendment because the disciplinary rule makes no mention of such removal as a possible sanction.
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 December 1965, a group of students from Des Moines, Iowa met at Christopher Eckhardt’s home in order to plan a protest. During the meeting, the students planned to wear black armbands throughout the holiday season to show public support for a truce in the Vietnam War. However, the principal of the school got word of the planned protest and quickly established a policy that stated any student wearing an armband would be asked to remove it. If they refused to do so, it would result in suspension. On December 16, 1965, the protest began and students Mary Beth Tinker and Christopher Eckhardt wore their armbands to school and were sent home. The following day John Tinker experienced the same result by wearing his armband as well. All three students
The district court found the disruptive-conduct rule unconstitutionally vague and broad, and that withdrawal of the student's name from the graduation speaker's list violated the Due Process Clause of the Fourteenth Amendment because the rule did not mention such removal as a likely sanction. The court made the case that nothing in the Constitution forbids the states from insisting that certain forms of expression are unfitting and subject to sanctions. (Tinker v. Des Moines Independent Community School District, 1969) The court affirmed that students do not "shed their constitutional rights to freedom of speech or expression at the schoolhouse gate."(Tinker) If the student had given the same speech off the school premises, he would not have been penalized because government officials found his language inappropriate.
Mary Beth Tinker was only thirteen years old in December of 1964 when she and four other students were suspended from school because they wore black armbands. The black armbands were a sign of protest against the Vietnam War. The school suspended the students and told them that they could not return to school until they agreed to take off the armbands. The students did not return to school until after the school’s Christmas break, and they wore black the rest of the year, as a sign of protest. The Tinker family, along with other supporters, did not think that the suspension was constitutional and sued the Des Moines Independent Community School District. The Supreme Court’s majority decision was a 7-2 vote that the suspension was unconstitutional (Tinker V. Des Moines).
On the date May 26, 1956, two female students from Florida Agricultural and Mechanical University, Wilhelmina Jakes and Carrie Patterson, had taken a seat down in the whites only section of a segregated bus in the city of Tallahassee, Florida. When these women refused to move to the colored section at the very back of the bus, the driver had decided to pull over into a service station and call the police on them. Tallahassee police arrested them and charged them with the accusation of them placing themselves in a position to incite a riot. In the days after that immediately followed these arrests, students at the Florida Agricultural and Mechanical University organized a huge campus-wide boycott of all of the city buses. Their inspiring stand against segregation set an example and an intriguing idea that had spread to tons of Tallahassee citizens who were thinking the same things and brought a change of these segregating ways into action. Soon, news of the this boycott spread throughout the whole entire community rapidly. Reverend C.K. Steele composed the formation of an organization known as the Inter-Civic Council (ICC) to manage the logic and other events happening behind the boycott. C.K. Steele and the other leaders created the ICC because of the unfounded negative publicity surrounding the National Associat...
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.
Remembering The Children’s Crusade, or known as one of the most stupefying events in history, could take anyone back in the days of segregation and great detriment to our own people. On May 2, 1963, a group of student protesters, in which were motivated by Martin Luther King Jr., partook in the 1963 campaign to desegregate Birmingham, Alabama. More than a thousand students skipped their classes and marched to downtown Birmingham using tactics of nonviolent direct action (Carson). On the first day, hundreds were arrested and taken to jail in school buses and paddy wagons. On the second day, the children were slashed with high-pressure fire hoses, attacked by police dogs, clubbed, and dragged to jail (Ward, Kelsey and Avery).
The Free Speech Movement (FSM) at the University of California at Berkeley started during the fall of 1964. (Freeman, Jo) But there were many events leading up to this point. The Free Speech Movement began to obtain momentum in the fall of 1963 and the spring of 1964 the Bay Area was rocked with the civil rights demonstrations against employers who practiced racial discrimination. (Freeman, Jo) These students believed that this was wrong and felt the need to do something about it. So many Berkeley students were recruited for these protests from Bancroft and Telegraph which where the companies that were racial discriminating against races and groups of people.(Freeman, Jo) With these protest there were many arrest made of Berkeley students there were about 500 arrests made over several months. (Freeman, Jo)
In the 1969 case of Tinker vs Des Moines, one of the most well-known student rights cases it has considered, the US Supreme Court ruled that students had a constitutional right to wear a black armband to school to protest
This order by the highest court of the United States were not embraced by the White Race or by the burceacy of most state governments. The state bureaucracies swung into full force to intimidate anyone associated with the Civil Rights movement. Black protesters as well as sympathizers to the Civil Rights movement were jailed ...
Did you hear? A kid was suspended for wearing a band t-shirt. That’s right. Ben wore his favorite band t-shirt and refused to take it off. That’s what lead to his suspension. Last year, there was a lot of disruption from students about the band t-shirts. Even though there hasn't been any fights or arguments about it this year, Principal Carter still felt like he had to take action. Ben did violate the rules by wearing the t-shirt but the only conflict that it caused was when, a teacher saw it and sent him down to Carters office.
A uniform is a standard set of clothes that is worn by a group of people. These people may be members of an organization or a group of people having the same ideas. There are thousands of kinds of uniforms in the world worn by people, such as police officers, firefighters, doctors, lawyers, security guards, and even fast-food restaurant workers. School uniforms are a controversial issue in schools today. Many schools have already adopted a policy mandating school uniforms, while many more are still considering the change. School uniforms create an atmosphere of equality in which the students are able to achieve to their best, while attaining the most out of their education. School uniforms should be mandatory to unite the school community as one, to instil discipline among the student body, and to eliminate distractions that will help students focus more, which in turn will help our society.
Several high school students, including Tinker were suspended for coming to school wearing black armbands protesting the Vietnam War. The Supreme Court held that students have a First Amendment right to express themselves as long as that expression is not disruptive to the school environment. The First Amendment encourages and protects individual expressions, and in this case the students though and expression was favored. The source is effective because court cases like this one have shaped history and have an impact on parents and students that are against school uniforms. This source is important because even though the decision is from 1968 this court case is still used when talking about school uniforms. The source is informational because it is relevant and unbiased. The judges decided on the matter of the case by looking at both sides of the argument and deciding what is best for the