Case Brief Of Tinker V Des Moines

Armband protesters suspended from school Everyone is aware of the first amendment which states that citizens should have free speech. In the Tinker v. Des Moines case, the right was violated. What actually happened in the Tinker v. Des Moines case? There were a brother and sister named John and Mary Beth Tinker who went to a Des Moines school. The Tinkers went to school one day wearing armbands to protest the Vietnam war.

At the end of this case, the court had this to

Dustin Seal, a junior at Powell High School, Knoxville, TN drove his mom’s car to Friday-night football game with his friends who had put a knife in the glove compartment without his information. Over a suspicion of drinking alcohol, school vice principal searched Dustin’s car and found a hunting knife. Being unaware of the knife Dustin got suspended with pending expulsion from Powell high by the principal. Following with several appeal processes School board sided with the school principal on expelling Dustin. His father sued the school board for violation of Dustin’s right under fourth and fourteenth amendments to Federal court ruled in favor of Seal and the case was settled with $30,000 award to Dustin.

This case Tinker v. Des Moines Schools was a very interesting case argued in 1968. A lawsuit was filed against the school after three students, Two of which in high school and one in middle school were suspended from school. The school suspended the students for wearing black armbands protesting the Vietnam war. Two other students wore armbands, but were in elementary school and weren't suspended. The students were fifteen year old John Tinker, sixteen year old Christopher Eckhardt, and thirteen year old Mary Beth Tinker.

The wore black armbands in a protest against the government policies during the Vietnam war. The Tinkers tries to fight the suspension with the district court but the district court was in favor with the school so the Thinkers had to take it further. The next step was to take it to the supreme court. The tinkers took it to the Supreme court and the majority vote wat that it was unconstitutional for the school to

As seen in previous cases like Tinker vs. Des Moines, students have the right to political say, unless it causes disruption at school of students are promoting something that goes against the law. In the case of Tinker v Des Moines the students were not promoting anything illegal but showed their thought on the Vietnam War by wearing black armbands (Tinker). Argued in court by Kenneth W. Starr in the Morse v. Frederick case, he gave the idea that the foundation for school censorship was the case of Tinker v. Des Moines (Morse). The Justices responded back saying, that case was a different scenario as the students weren 't doing anything against the law while Frederick was encouraging the use of marijuana which was illegal (Morse).

Kitzmiller v. Dover brought up a global attention. The case rose in 2004, when the Dover Area District High School Board tried to add religion to a science class by masking it under scientific gear of adisclaimer promoting the “Intelligent Design”, and it was supposed to be a mandatory part of the school’s biology class curriculum. High School students’ parents sued the school to ban the Intelligent Design from biology curriculum. The trial took six weeks. Judge Jones made his decision by ruling out the Intelligent Design from being considered as science, and by stating that the Board’s disclaimer was violating the First Amendment and the PA Constitution.

The issue in this case was whether school-sponsored nondenominational prayer in public schools violates the Establishment clause of the first amendment (Facts and Case Summary - Engel v. Vitale, n.d.). This case dealt with a New York state law that had required public schools to open each day with the Pledge of Allegiance and a nondenominational prayer in which the students recognized their dependence upon God (Facts and Case Summary - Engel v. Vitale, n.d.). This law had also allowed students to absent themselves from this activity if they found that it was objectionable. There was a parent that sued the school on behalf of their child. Their argument was that the law violated the Establishment Clause of the First Amendment, as made applicable

The Tinker versus Des Moines court case involved three minors, John Tinker, Mary Beth Tinker and Christopher Eckhart. These three wore black armbands to their schools to protest the Vietnam War and were suspended following this action. Circuit courts and the Court of Appeals in Iowa ruled that the black armbands were inappropriate attire for school. This case was then brought to a higher-up court. Eventually, this case was brought before the Supreme Court.

GOSS v. LOPEZ, Supreme Court of the United States, 1975. 419 U.S. 565, 95 S.Ct. 729, 42, L.Ed.2d 725 deals with students that were suspended. The Columbus Ohio Public School System (CPSS) was sued by students. Nine students claimed that they were suspended without being given a hearing before their suspension, or even after their suspensions were over.

Case Brief Title & Citation: 1. Kent V United States 2. 383 U.S. 541 (1966) The Facts: The police detained and questioned 16-year old Morris A. Kent Jr., in connection with several incidents involving theft by force and rape. After admitting to having some involvement, the juvenile court canceled its legal control, allowing the court to try Kent as an adult.

because Lopez wasn't able to defend himself and wasn't able to having a hearing and his family wasn't notified either. If the court did not try to stop this it would have affected him and everyone else as well. If you think about it everyone had the right to be heard and the court bringing up that it affected the 14th amendment was a good way to protect the right to a hearing, because using liberty and property (property being education) challenged the court and made a different viewpoint on how the case was projected. Now we’re able to have court ruling for suspensions. which is a good thing and also sinces i'm a student i think it's fair that court hearing is given because without it how would a student be able to defend themselves without anyone to make the decisions if they are right or wrong.

On June 25, 1962, a Supreme Court case, Engel v. Vitale, 370 U.S. 421, was decided. The lawsuit was brought to the United States Supreme Court by parents (of students who attended schools in the Herricks School District) who complained that a nondenominational prayer instituted by the New York Board of Regents in their district was unconstitutional. The parents argued that the prayer, although optional, violated their First Amendment Rights. When the 6-1 (two justices did not vote) decision was made, it was ruled that voluntary prayer in public schools violates the Establishment Clause in the First Amendment of the United States Constitution. One concurring opinion was given, and the single judge that did not vote the same as the rest provided

Citation: Tinker v. Des Moines Independent School District (1969) Facts: In Des Moines, Iowa, a group of individuals met at a home to discuss ways to protest the United States involvement in the Vietnam War. The group decided beginning on December 16th and lasting until New Year’s Day, the members of the group would fast and wear black armbands to show their opposition to the war. School officials became aware of the students’ protest and implemented a policy that any student wearing a black armband would be asked to remove it. If the students did not remove the armband, then the student would be suspended.

In 1969, the U.S. Supreme Court case Tinker v. Des Moines Independent Community School District upheld the right to freedom of speech of students to protest the Vietnam war by wearing black armbands. The case explained the problem that “students do not “shed their constitutional rights to freedom of speech or expression at the schoolhouse gate.” (Student) As students, we are free to express ourselves through what we wear. As students, we have every right to proclaim our beliefs