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
Bethel School District will introduce a last recourse before the United States Supreme Court and have the Supreme Court justices delivered a controversial opinion about the exercise of the freedom of expression within American schools. Mainly, as noted before, the Bethel School District v Fraser case was related the right of freedom of expression as guaranteed by the First Amendment to the US Constitution, in its exercise and its limitation within the school boundaries.
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.
One example of freedom of expression being contested in a court of law was the Pickering v. Board of Education case Where the U.S. Supreme Court held that in the absence of proof of the teacher knowingly or recklessly making false statements, the teacher had a right to speak on issues of public importance without being terminated from his position.
New York case , the Supreme Court decided that New York and any other state were not justified to charge someone for speaking negatively about the flag. In addition, in a precedent case in 1969, the Supreme Court of Brandenburg v. Ohio ruled that even though Brandenburg was a member of the Klu Klux Klan, he was able to present a speech at a rally. Granted, the first amendments forbids speech it is primarily spoken to encourage or commence any type of crime. In like manner, in Texas v. Johnson, though burning the flag was impressed as disrespectful to some people, no laws or amendments were corrupted.
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.
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.
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).
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
Some commonly known examples are the Tinker v. Des Moines (1969) and Bethel School District No. 403 v. Fraser (1986). Recently in Oregon an eighth grader was suspended for wearing a t-shirt displaying an image of fallen soldiers with the words “Standing for those who stood for us,” However the t-shirt also included images of boots, a helmet, and a gun, school officials claimed this shirt was offensive and told the eighth grader to change his shirt. When he refused he was given an ultimatum: remove the shirt or be suspended.
“You’re going to the alternative school? What did you do to go there? You’re not a bad student.” If you live in Haysville, you know that there are two high schools. Haysville High, or the “inferior” school offers an alternative program. Campus is a colossal 5A school with 1,500 students. Haysville High is outshines Campus because of the environment, population, and curriculum.
Part 1: Bluebook Citations and Summaries • Tinker v. Des Moines Indep. Cmty. School Dist., S. Ct. 503 (U.S. 1969) - In this case, John F. Tinker (age 15 years old), his younger sister Mary Beth Tinker (age 13 years old) and Christopher Eckhardt (age 16 years old) wore black arm bands to school to display their non-support of Vietnam hostilities.