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How does justice fortas defend and explain his majority opinion in tinker vs des moines
What influenced the Supreme Court's decision in the Tinker v. Des Moines case
Tinker v des moines independent school board
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Court Cases In Tinker v. Des Moines Independent Community School District by Justice Abe Fortas, and the transcript from Supreme Court Landmark Series: Tinker v. Des Moines, both discuss the same court case. After a careful analysis of these texts, the reader comes to understand the argument concerning those who believe certain kinds of speech should be prohibited within an educational setting and those who believe the opposite. However, this analysis leads one to recognize that “Tinker v. Des Moines Independent Community School District” majority opinion presents a much stronger argument than the interview with Professor Catherine Ross because it had more facts, court cases, and credibility Obviously “Tinker v. Des Moines Independent
Name & citation of case: Urban v. Jefferson County School District R-1, 870 F. Supp. 1558 (D. CO 1994)
In the majority opinion, Justice White wrote “Educators did not offend the First Amendment by exercising editorial control over the content of student speech so long as their actions were” The court also noted that the paper was a sponsored newspaper by the school which was not intended to be seen by the public, but rather for journalism students to write articles based off of the requirements for journalism 2 class, and all subjects must be appropriate for the school and all its
FACTS: Respondent, Davis, a licensed LPN for over ten years who also lives with hearing loss applied for admissions to Southeastern Community College. The Petitioner, requested Davis see an audiologist before accepting her to the RN program. The audiologist concluded that Davis required lip-read in order to fully understand audible communication. The school subsequently denied Davis entry, assuming her hearing loss would affect her ability to effective care for patients safely.
The third legal issue I chose was Mills vs The Board of Education of The District of Columbia. In 1972 this case was brought to the courts representing seven children, as well as nearly 18,000 other students in the District of Columbia area. These children were classified as having behavioral, intellectual, and emotional disabilities, as well as hyperactivity. All of these children were denied an educational services and public education by being excluded, suspended, expelled, reassigned, and transferred. They were denied based solely on their disability, and without due process. This case was the other of the two that laid the ground work for Section 504 of the Rehabilitation Act of 1973 to be passed.
Separate but equal, judicial review, and the Miranda Rights are decisions made by the Supreme Court that have impacted the United States in history altering ways. Another notable decision was made in the Tinker v. Des Moines Case. Ultimately the Supreme Court decided that the students in the case should have their rights protected and that the school acted unconstitutionally. Justice Fortas delivered a compelling majority opinion. In the case of Tinker v Des Moines, the Supreme Court’s majority opinion was strongly supported with great reasoning but had weaknesses that could present future problems.
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.
Jackson vs. Birmingham Board of Education (2005) is a more recent case that still fights against one of history?s most common topics; equal rights. This will always stand as one of the greatest problem factors the world will face until eternity. These issues date back for years and years. This case was brought to the Supreme Court in 2004 for a well-known topic of sexual discrimination. It helped to define the importance of Title IX of the Education Amendments of 1972
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.
Many Supreme Court cases in the United States have reassured its citizens’ rights. One of those cases was that of the 1965 Tinker v. Des Moines Independent Community School District case. This case was about five students who were suspended from school for wearing black armbands. Should the students have been suspended? The Tinker v. Des Moines case was a very controversial Supreme Court case in which the right to freedom of speech and expression for students in public schools was violated.
In the landmark case Tinker v. Des Moines Independent Community School District (1969), John Tinker and his siblings decided to openly protest the Vietnam War by wearing black armbands to school (Goldman 1). The school felt that their efforts to protest the war disrupted the school environment. “The Supreme Court said that ‘in our system, undifferentiated fear or apprehension of disturbance is not enough to overcome the right to freedom of expression.’ School officials cannot silence student speech simply because they dislike it or it is controversial or unpopular” (FAQs 2). What about theatrical performance? Should certain plays not be performed at school because of inflammatory content? Theatrical performance plays a significant role during various years of a child’s youth, but, alone, has one central aim that allows for tolerance and multifariousness within the “salad bowl” United States. High school theatre arts curriculum’s purpose is to develop appreciation of the doctrines, perspectives, principles, and consciousness of diversified individuals in distinctive epochs throughout history as conveyed through literary works and theatre. If theatre has this sort of impact, why does the school administration, teachers, parents, even the state government, infringe upon the student body’s First Amendment rights? Schools should make no policy that would chastise a student for speaking their mind or expressing oneself, unless the process by which they are expressing themselves meddles with the educational methods and the claims of others. If a student threatens another student under “the right” of being able to speak freely, one would hope a school would take immediate action before potential harm occurs. The First Amendment clearly states that “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.” In reference to students and a school environment, the definition of freedom of speech and expression becomes very unclear as to what they can and cannot say.
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.
FACTS: The District Court found that Kansas City Missouri School District (KCMSD) and the State had operated a segregated school system, within KCMSD. The plaintiff class attorneys sought compensation under the Civil Rights Attorney’s Fees Awards Act of 1976, 42 U.S.C. 1988. The District Court awarded fees based on Kansas City market rates, it used current rather than historic market rates to compensate for the delay in payment. Missouri appealed the ruling and the U.S. Court of Appeals judgment was affirmed.
At a school in des moines lowa students organized a protest against the vietnam war students planned to wear a black armband to school to protest the fighting but the principal found our and told the students that they would be suspended if they wore them despite the warnings the students wore them anyways and were suspended during their suspension the parents sued the school for their child’s freedom of speech the court sided with the school that wearing the armbands could be a disrupt the learning the students appealed to the court
In contrast, Philip’s rights were violated because Miss Narwin overreacted. On page seventy one, Miss Narwin sent Philip out of the classroom just because he was humming the anthem. Miss Narwin wasn’t as laid back about the rules like other teachers. The First Amendment states that all people have the freedom of speech. The Tinker Standard says that schools can’t silence students
One of the main court cases that have dealt with teachers’ first amendment rights is the case of Evans-Marshall v. Board of Education of Tipp City Exempted Village School District. This case first began in Ohio, when English teacher Shelley Evans-Marshall asked her class to select a book off of the list “One Hundred Most Frequently Challenged Books”(Lampe, 2010). The students were then asked to debate in class why they believed that the book had been challenged by other school districts. After this assignment was given, several parents “complained about the curricular choices”(Lampe, 2010: pg.1). Eventually a petition was signed by over 500 parents of the school, saying they wanted “decency and excellence” in the classroom. With this, the school board unanimously voted to terminate Evans-Marshall’s contract. Evans-Marshall filed against the school board saying that they interfered with her First Amendment rights (Lampe, 2010: Pg.1).