ipl-logo

Tinker V. Des Moines Independent Community School Dist Case Study

656 Words3 Pages

Originating Issue: In the cases of Tinker v. Des Moines Independent Community School Dist. (SCOTUS February 24, 1969), students wore black armbands to school to display their disgust for the Vietnam War. Their efforts were to support the Christmas Truce called for by Senator Robert Kennedy. The principal of the school got wind of the efforts and attempted to put a policy in place about the armbands. The students were asked to remove the armbands by school officials and when the students refused they were suspended. The concern is that the students First Amendment Rights were violated, specifically their free speech. The Des Moines, IA school district argued that the students First Amendment Rights were not violated because their actions created a disruption to the school environment. The parents appealed the school district’s decision through each of the federal courts and ultimately, landed at the US Supreme court. Progression: …show more content…

The jury in the appellate court was divided which meant by default Tinker would have lost the case because the ruling was upheld from the first district court. Soon thereafter, the civil liberties union who was responsible for supporting the activism of the bill of rights picked up the case sending it to SCOTUS. This was a significant case therefore SCOTUS decided to hear the case. Finally, at the SCOTUS hearing, the court sided with Tinker on a 7-2 vote, stating that their rights were violated because there wasn’t any significant distraction to the schools learning environment. Furthermore, this case involved the notion of “pure or symbolic” speech which continues to be a hot topic in society in most recent

Show More
Related

  • Tinker Vs Moines Case Brief

    712 Words  | 3 Pages

    Assignment 6: Tinker v. Des Moines Ana M. Greenwood University of Texas Rio Grande Valley Tinker v. Des Moines In December 1965, thirteen-year-old Mary Beth Tinker was a high school student in Des Moines, Iowa. During that time, a group of adults and students gathered to declare their opposition to the conflicts in Vietnam. To protest, the group agreed to wear black armbands during the Christmas break (Iannacci, 2017). Tinker and a group of students decided to take this protest and armbands to school to school as well.

    Read More

  • Compare And Contrast Tinker And Des Moines

    303 Words  | 2 Pages

    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

    Read More

  • Jonathan And Oliver Case Study

    1042 Words  | 5 Pages

    Historical Background of the Case: Jonathan: In the wake of the Tinker v. Des Moines decision

    Read More

  • Justice Hugo Black And Armbands Essay

    477 Words  | 2 Pages

    15 Armbands Justice Abe Fortas and Justice Hugo Black are arguing if certain kinds of speech should or should not be prohibited in an educational setting. Justice Abe Fortas is arguing the majority opinion which says that speech should not be prohibited in an educational setting. The Justice says, “Undifferentiated fear or apprehension of disturbance is not enough to overcome the right of expression,” (4). This means that just because you think something will cause a disturbance and will be bad, that does not give one the right to ban freedom of expression.

    Read More

  • The Court Case Of Alex V. Upper Arlington School District

    713 Words  | 3 Pages

    Furthermore the Court case is about a student who, as well as Alex, was forced to do the Pledge of Allegiance. According to the school, “refusal to salute was treated as ‘insubordination’ and was punishable by expulsion and charges of delinquency” (West Virginia State Board of Education v. Barnette). This is plainly obvious that this quote goes against the First Amendment Rights. It is shown that it’s not just the Upper Arlington School District that goes against students’

    Read More

  • Brown V. Board Of Education Case Study

    1329 Words  | 6 Pages

    They wanted their kids to be able to attend any public school regardless of race and their color of skin. This case took place in Topeka, Kansas in the 1950’s, where a group of furious parents ordered that public schools should let their children in regardless of their race. They also argued that their kids should not have to walk a far distance in order for them to attend an all-black school. The three district court panel found that the segregation in public

    Read More

  • The Case Of Tinker Vs. Des Moines Independent Community School District

    360 Words  | 2 Pages

    The case of Tinker v. Des Moines Independent Community School District is an important piece of history regarding the First Amendment to the U.S. Constitution and how it applies to students ' right to freedom of speech. The First Amendment states that "Congress shall make no law...abridging the freedom of speech", and the Supreme Court has the job to judge whether or not the laws violate the Constitutional Amendments. The case was the result of three students suspended from school for wearing armbands protesting the Vietnam War. According the U.S. Supreme Court, students do not shed their rights as American citizens when the students enter the school, leading the students to wear what they desire as long as it does not disrupt class. The

    Read More

  • Engel V. Vitale Summary

    426 Words  | 2 Pages

    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

    Read More

  • Case Study: Tinker V. Des Moines Independent Community School

    162 Words  | 1 Pages

    Issue - Kid (Taylor Bell) made slander, bullying, video of Coaches at Itawamba County School District. Rule - The court ruled the school district in favor and held that the sanctions imposed by a high school on a student who engaged in off-campus cyberbullying of two teacher-coaches did not violate the free speech rights of the student because such harassment satisfied the “substantial disruption” standard for restricting student speech established by the U.S. Supreme Court in its 1969 decision Tinker v. Des Moines Independent Community School District. Analysis - At home, using his own computer hardware and software, Taylor Bell, a student at Itawamba Agricultural High School (Mississippi) posted for public viewing on Facebook and YouTube

    Read More

  • Brown V. Board Of Education Case Study

    722 Words  | 3 Pages

    After a while of being stuck on the decision the court decided to rehear the case at a later time. While waiting for the case to be reheard the chief justice was replaced and when it was time for the hearing of the case the new chief was able to bring everyone to a unanimous decision. It was finally said the segregation of schools was against the

    Read More

  • Essay On Tinker V. Des Moines Independent Community Schools

    743 Words  | 3 Pages

    The justices ruled against the school district, the court case helped establish the amount of regulation schools can have on students. The Tinkers won because the armbands were considered to be speech that could not be banned according to the First Amendment. They were allowed to wear the armbands as long as it did not interfere with school, even though schools can restrict some things that are necessary (“Tinker v. Des Moines School District (1969)”). The Tinker Test was established by this case defined the amount of control schools can have over what students wear (United States Government: Principles in Practice 392). Not all of the justices voted in the Tinkers’ favor; two dissented and several who voted for Tinker expressed negative opinions.

    Read More

  • Essay On Brown V Board Of Education 1954

    956 Words  | 4 Pages

    In 1969, the supreme court ruled in the students’ favor, stating that a student’s right to free speech does not disappear when on a school campus. As long as it causes no disruptions at school, students keep their right to free speech. This affects schools in a couple of ways. A student is allowed to exercise their right to free speech on any topic they would like. A school only has the right to put a stop to a student’s free speech when there is evidence that it is affecting school procedures and student learning.

    Read More

  • What Is The Importance Of The First Amendment

    676 Words  | 3 Pages

    The Supreme Court has steadily thought that young people, while at school, do have the defense of the First Amendment. However, schools are special setting. Several current cases have signaled the Court’s willingness to permit school officers to limit students’ rights in order to preserve such an environment. First Amendment have changed over time, so has the meaning and limits the court have on various rights.

    Read More

  • Goss V. Lopez Supreme Court Case Summary

    762 Words  | 4 Pages

    Per 3 Goss Vs. Lopez Supreme Court Case On October 15, 1975 Nine students were suspended from Central High School from Columbus, Ohio. They had destroyed school property and disrupting students from learning and were suspended for 10 days. One of the students amoung them was Dwight Lopez.

    Read More

  • Persuasive Dress Code

    1220 Words  | 5 Pages

    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

    Read More

More about Tinker V. Des Moines Independent Community School Dist Case Study

Open Document