Censorship: The Case Of Tinker Vs. Des Moines

On July 1986, by a majority vote of 7 against 2, the United States Supreme Court delivered a determinant opinion that will put a limitation on the exercise of the freedom of speech at school. In that opinion, Chief Justice Warren Burger set up a new rule opening the door for a legal limitation of the freedom of speech at school. Even though the Supreme Court recognized the validity of the Tinker v. Des Moines Independent Community District School’ ruling, however; the justices decided to draw a clear line between the minors and the adults concerning the full exercise of the right of freedom of expression. Simply put, the opinion ruled that the extension of the

There have been many supreme and district court cases that involve the first amendment. Your First Amendment rights are a heavily debated topic. Students, in particular, walk a very fine line regard to their free speech. Schools, students, and the federal government are still trying to figure out where they stand. Within this essay there are three main topics that I wish to cover; they are as follows Dress Code, Student Free Speech, and Internet Use. Every case within these topics is argued with the First Amendment in hand, though not all of them conclude the same. I hope you enjoy educating yourself on this tedious topic!

When using censorship it violates student’s amendment rights. The first amendment guarantees freedoms of religion, expression, assembly, and the right to petition. Censorship mainly violates the freedom of speech. The definition of freedom of speech specifically states “the right to express any opinions without censorship or restraint.” Therefore, the use of censorship at all needless to say in school libraries is a clear violation of our constitutional rights, which can

The tinkers took it to the Supreme court and the majority vote wat that it was unconstitutional for the school to

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. The students believed that in appealing to the rulings of the separate courts they were protected under the 1st Amendment to show their freedom of speech and symbolic freedom as well.

In 1787 our founding fathers assembled the constitution of the United States of America. Of this which contains the most important document to the American citizen, the Bill of rights. The first Amendment states: “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” These freedoms granted by the Bill of Rights are often known as freedom of expression. These rights are most important to a truly free society. The first amendment provides us with new ideas and dismisses the fear of punishment

The Supreme Court has ruled that the government has the right to prohibit speech that disrupts peace or causes violence, especially in public schools. In fact, there have been multiple instances in which the Supreme Court has gotten involved in the first amendment rights of public school students.

“The last time I was at Munchy’s, ALL the noise came from loud, annoying business people who were either on their cells or arguing with each other.” This quote proves that the students are not the only ones making the noise so they should not be the one to blame. The issue at hand affects all teenagersin school since the supposed banned is against all teenagers. Even though the ban was only brought up that one day all the noisy teens were there. Even though Munchy’s want to ban teenagers because they are loud, Munchy’s should not ban teenagers from going because business owners are equally loud, make more money during the fall, and it is a violation of their civil rights.

The idea of free speech on college campuses and the complications of it stem from those on campuses expressing views that don’t align with popular views. Implications for students who use the idea of free speech as a method for hateful actions and comments should be reprimanded, but the question remains as to whether schools should enforce tougher limitations. The freedom of speech on college campus expands to the freedoms of religion, assembly, press, and protest as well. Freedom of expression allows students to show their own political, social, and cultural views. Removing freedoms of speech and expression have consequences deeper than surface issues. Free speech and hate speech can be classified as different topics and when arguing for one, we can also criticize the other. Free expression and free speech on campuses are crucial for sparking important conversations about equality and social justice, and the suspension of free speech and expression may have dire consequences on college campuses.

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. The suspension would last until they returned to school without the armband. Three students were suspended until they returned to

In the “Bethel School District v. Fraser” case, Fraser believed that the school violated his first amendment “freedom of speech” rights. Fraser gave a speech with some inappropriate content in it and the school gave him a three day suspension because two teachers warned him before he gave the speech. Fraser took it to court and the justices said they would shorten the suspension and let him have his right to speak at graduation because the school was taking away his freedom of speech.

Any girl who has attended a public high school understands the daily dilemma of dress code. On those scorching hot days as the school year approaches summer, many girls can be found scavenging through their closet for a “school appropriate” outfit or one they won’t melt into a sweaty puddle in. Her dresses will show too much leg, her tops will inappropriately expose her shoulder or collar bone, and her shorts will be too short — at least that 's what the school says. Dress code in modern day high schools should be boycotted because they are a violation to student and parents rights, sexist, out of date, a double standard, and they disrupt a female students education.

In 1965, a group of students who wore a black band on their arm to protest the war in Vietnam. The faculty in the school requested them to remove the band and when they refused, the district suspended the students. When they took the case to Supreme Court and they sided with the students stating students and teachers cannot "shed their constitutional rights to freedom of speech or expression at the schoolhouse gate." The court did not grant the a right to “unlimited” self expression and said that if the expression of the student does not disrupt others in school, it can be done, worn, or followed through with in any way that can be done in that manner.

According to a United States Supreme Court ruling, public schools have the ability to restrict students’ First Amendment rights. This became true in the Tinker v. Des Moines Independent Community School District Supreme Court case when Mary Beth Tinker, John Tinker, and Christopher Eckhart wore black arm bands to protest the Vietnam War. In order to understand Tinker v. Des Moines Supreme Court case one must establish the history, examine the case, and explain the impacts.

Freedom has been the center of American ideals since the United States gained independence from Great Britain. To protect these ideals, the Founding Fathers created the Bill of Rights; which contains the first ten amendments to the Constitution. The document grants American citizens their basic rights and freedoms. The First Amendment guarantees the freedom of speech, freedom of religion, freedom of assembly, freedom of the press and the right to petition the government without retribution. It directly states: