Landmark Supreme Court Decisions

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Landmark Supreme Court Decisions

About 32 years ago, in December of 1965, a group of adults and students

from Des Moines, Iowa gathered to show their dislike towards American

involvement in the Vietnam War. They decided to wear black armbands and fast on

December 16 and 31 to express there point. When the principals of the Des

Moines School System found out their plans, they decided to suspend anyone who

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

and several of their friends were suspended for wearing the armbands. All of

them did not return to school until after New Years Day. Acting through their

parents, the Tinkers and some other students went to the Federal District Court,

asking for an injunction to be issued by Iowa. This court refused the idea,

forcing them to take the case to the Supreme Court. After hearing their case,

the Supreme Court agreed with the Tinkers. They said that wearing black

armbands was a silent form of expression and that students do not have to give

up their 1st Amendment rights at school. This landmark Supreme Court case was

known as Tinker v. Des Moines Independent School District.

From the case of Tinker v. Des Moines Ind. School Board obviously came

some conflicting viewpoints about the armbands. The school board said that no

one has the absolute right to freedom of expression, where the Tinkers said that

only banning armbands and not other political symbols was unconstitutional. The

school board said that the armbands were disruptive to the learning environment,

where the Tinkers said they were not. Finally, the school board said that order

in the classroom, where political controversy should be discussed, is entitled

to constitutional protection. The Tinkers believed that the armbands were worn

as the students views, and therefore should be constitutionally protected and

respected by the school. These were all important arguments in the case.

Personally, I agree with the Supreme Court's decision to uphold the 1st

Amendment rights of the students in school. Why shouldn't students have the

same rights as other people? If the students wore obscene clothing, ran out of

classrooms, or set the school on fire in protest of the war, then yes, I could

see disciplinary actio...

... middle of paper ...

...chool districts.

In contrast, the time periods in which these cases took place were very

different. In the 1960's, the war in Vietnam was going on, and there were a lot

of controversial issues and viewpoints facing students at schools. In the

1980's, the war was over and there weren't as many controversial issues

surrounding students' rights. One case involved freedom of expression through a

school newspaper, the other through articles of clothing, but the major

difference between the two cases were the decisions made by the U.S. Supreme

Court. They agreed with the Tinkers in the belief that freedom of expression

through armbands was okay. However, they disagreed with Cathy Kuhlmeier's

belief in freedom of expression through a so-called public forum.

As a student, I believe that freedom of expression is one of our most

important rights. Without this right people won't know who we are; they won't

understand our generation. Because of the many different definitions of freedom

of expression, people will always be in controversy over them. Let's hope that

our school district never faces a problem as big as the ones presented in this

paper.

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