Freedom of Religion and Freedom of Expression: Tinker V. Des Moines

1390 Words3 Pages
bulb-icon

Recommended: Tinker v. des moines which argument is stronger

What if you were suspended from school because of something you were wearing? Not only was the clothing or item appropriate, it was something you were fighting for or something you believe is right. Is this fair or okay for this to happen? There is a specific incident that this situation happened to a few teenagers in Des Moines, Iowa in December of 1965. A group of students wanting to wear black armbands throughout the holiday season was in for a wake up call. (FORTAS) These plans and or idea were quickly shot down by the high school principals. The principals caught wind of the teen’s plan, so there was a meeting a few days beforehand. The talk of the meeting was to ensure the teens that if they were to wear the black armbands a few days from then, they would be asked to remove the bands, if they refused, suspension would be given.(KELLY) Is this a violation of the First Amendment?
The first amendment states some of the freedoms we have. These are freedom of religion and freedom of expression. These include the right to free speech, press, assembly, and to petition the government. The reason for wanting to wear the black armbands was to show their anti-war belief in the Vietnam War. Rebelling against the authority figures’ ruling, three students wore the armbands and got suspended. The students’ names are John F. Tinker, who was 15 years old at the time, Christopher Eckhardt, 16 years old, and 13 year old Mary Beth Tinker (John’s younger sister). Getting suspended, the students did not return until after New Year’s Day (FORTAS). “This case was significant because the justices stated, “students do not abandon their civil rights at the school house door....” The school is not allowed to limit a student or teachers first amendment...

... middle of paper ...

... Community School District." Education for Freedom Lesson 8 - Case Summary: Tinker v. Des Moines Independent Community School District. The Freedom Forum., 5 June 1990. Web. 11 Apr. 2014
Calagna, Codi. "Codi Calagna's E-Journal." Codi Calagna's E-Journal: Pedagogical Blogging. Codi Calagna, 28 Nov. 2012. Web. 11 Apr. 2014.
Fortas, Justice. "Tinker v. Des Moines School District (1969)." Tinker v. Des Moines School District (1969). Independent Community School District, 5 Oct. 2009. Web. 10 Apr. 2014.
Gold, Susan D. Two Students Go to Court. Tinker V. Des Moines: Free Speech for Students. N.p.: n.p., n.d. 29-34. Print.
Kelly, Martin. "Tinker v. Des Moines." About.com American History. American History, 7 Apr. 2014. Web. 11 Apr. 2014.
Wheeler, David R. "Do Students Still Have Free Speech in School?" The Atlantic. Atlantic Media Company, 07 Apr. 2014. Web. 10 Apr. 2014.

Show More
Related

  • Board Of Education V Pico Summary

    581 Words  | 2 Pages

    Therefore, the respondents took the case to court (Island Trees…). The holding, the court’s decision, by a 5-4 vote, was “The First Amendment limits the power of local or school boards to remove library books from junior high schools and high schools” (Island Trees…). The court also said that the Board of Education “should not intervene in ‘the daily operations of school systems’ unless ‘basic constitutional values’ were ‘sharply implicate[d]”(qtd. in Board of Education, Island). The dissent consisted of Burger, Powell, Rehnquist, and O’Connor; the concurrence consisted of Blackmun and White (Island Trees…).

    Read More

  • Hazelwood Vs. Kuhlmeier Case Study

    1618 Words  | 4 Pages

    Everyone in America, from adults to students have freedom of speech. This freedom is provided by the first amendment. In the case Hazelwood v. Kuhlmeier, students fights for the freedom of speech in their school newspaper. One side of the case was three students who thought their free speech was violated and the other side was the principal defending the school. After the court's decision, this case had a big impact on the school and many other people. Hazelwood v. Kuhlmeier talks about students not giving up their freedom of speech in a school setting.

    Read More

  • Supreme Court Case: Tinker V. Des Moines Independent Community School District

    550 Words  | 2 Pages

    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...

    Read More

  • Schenck v. United States: A Federal Crime

    1516 Words  | 4 Pages

    Alonso, Karen. Schenck v. United States: restrictions on free speech. Springfield, NJ: Enslow Publishers, 1999. Print.

    Read More

  • Urban V. Jefferson County School District Case Summary

    1065 Words  | 3 Pages

    Name & citation of case: Urban v. Jefferson County School District R-1, 870 F. Supp. 1558 (D. CO 1994)

    Read More

  • Essay On Tinker V. Des Moines Independent Community School

    687 Words  | 2 Pages

    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. .

    Read More

  • Tinker V. Des Moines

    1369 Words  | 3 Pages

    Today, there are student laws regarding disruption that were brought about because of the court case (Sternburg). If what is said is not disruptive in the classroom, create chaos, or invade other 's rights, it is considered acceptable (McPherson 86). The students involved in the Tinker case were lucky since they were protected because they were not disruptive, nor was there offensive speech (“Tinker v. Des Moines: Establishing the Right”). It is important for students to avoid disruptions to prevent offensive speech that could be taken as

    Read More

  • First Amendment Rights of Public School Students

    1088 Words  | 3 Pages

    First Amendment Rights of Public School 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. Research Question Does government or school districts have the ability to restrict free speech? This is a very important question because this gives great power to one over the other.

    Read More

  • Brown v Board of Education

    2329 Words  | 5 Pages

    The National Center For Public Research. “Brown v Board of Education, 347 U.S. 483 (1954) (USSC+).” Supreme Court of The United States. 1982 .

    Read More

  • Free Speech Zones

    1906 Words  | 4 Pages

    Hall, K. (2002, September 13). Free speech on public college campuses overview. Retrieved from http://www.firstamendmentcenter.org/free-speech-on-public-college-campuses

    Read More

  • The Supreme Court and Civil Rights

    995 Words  | 2 Pages

    Unger, Harlow G. "Brown v. Board of Education of Topeka, Kansas." Encyclopedia of American Education, 3rd Edition. New York: Facts On File, Inc., 2007. African-American History Online. Facts On File, Inc. Web. 19 Nov. 2011.

    Read More

  • Boroff V Van Wert City Board Of Education Summary

    1342 Words  | 3 Pages

    A high school in Chattanooga, Tennessee suspended a student for wearing a jacket that depicted a Confederate flag. The school had already banded the flag prior to the student’s suspension, for fear of racial backlash. In a slim one-vote margin, the court upheld the school’s decision, solely for the possibility that racial retaliation could ensue. The student’s parents did appeal the decision, but the court deemed that this was not a violation of the student’s freedom of speech or expression.

    Read More

  • Justice Fortas And Tinker V. Des Moines Case

    732 Words  | 2 Pages

    Justice Hugo Black dissented and feared that the Court’s ruling would cause more revolutionary actions from students. However, Justice Fortas addressed this potential outcome. He says, “Certainly where there is no finding and no showing that engaging in the forbidden conduct would "materially and substantially interfere with the requirements of appropriate discipline in the operation of the school," the prohibition cannot be sustained.Burnside v. Byars, supra at 749.” The school’s ban of the armbands could not be upheld because the expression had not caused any harm. If the students underwent another expression, the school would still have the power to make a decision. If their actions were disruptive, the school would still have the power to limit these actions. The students’ rights are still protected, and the school still has the authority to operate the

    Read More

  • Race and Supreme Court Decisions

    1896 Words  | 4 Pages

    Warren, Earl. "Supreme Court Decision- Brown v. Board of Education of Topeka Et Al." Caselaw. Westlaw, 17 May 1954. Web. 7 Nov. 2010.

    Read More

  • Black Armband In School

    291 Words  | 1 Pages

    Students should be able to express themselves at school and anywhere else they decide. I, Mary Beth Tinker, wanted to wear a black armband on my arm and fast during the holidays. I wanted to demonstrate my First Amendment rights and my views on the Vietnam War. It was a simple black armband that caused a uproar and change for the children. All children have the right to express Freedom of speech. Walking into a school building does not stop your rights as a citizen. This is where I began my case. Other students and I sued the school district. We believed we were doing nothing to harm other students or cause a huge disruption. Everyone deserves to express their rights. My local district court discharged the case and said that our school district’s

    Read More

More about Freedom of Religion and Freedom of Expression: Tinker V. Des Moines

Open Document