Mary Beth Tinker Case Summary

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Mary Beth Tinker was a 13-year-old junior high school student in December 1965 when she and a group of students decided to wear black armbands to school to protest the war in Vietnam. The school board got wind of the protest and passed a preemptive ban. When Mary Beth arrived at school on December 16, she was asked to remove the armband. When she refused, she was sent home. Four other students were suspended, including her brother John Tinker and Chris Eckhardt. The students were told they could not return to school until they agreed to remove their armbands (ACLU). With their parents, they sued the school for violating their first amendment. When many kids get into high school/middle school, they realize their amendments and what freedoms they have. Mary Tinker decided to express hers. When she was sent home for wearing an …show more content…

She decided to sue the school with the help of her parents and they had a strong case. The school violated the first amendment of the kids and they have the right to express their own feelings. The kids had a right to have certain feelings on the war that was going on in Vietnam. The first amendment is available to everyone and does not go away when you enter certain places. Mary Tinker had a strong case for her freedom of expression. She had the right to wear the armband and the school was violating her freedom of expression.
The school violated the kids first amendment and did not let them express their feelings in school. The First Amendment clearly states, It guarantees freedom of expression by prohibiting Congress from restricting the press or the rights of individuals to speak freely (LII). When the kids enter the school, their rights are not taken away from them and they can use their rights at any time. When the kids come to school everyday, they do not leave their rights outside the door and get them after they leave the school’s

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