Tinker Vs. Des Moines - 861 Words

Dann Harvey Villanueva English 11 Sem 1 1.3.9 Tinker vs. Des Moines December of 1965, a group of adults and a few students of Des Moines Independent Community School District including John Tinker, Mary Beth and their friend Eckhard gathered to show they disfavor towards American involvement in the Vietnam war. Few students decided to wear black armbands to express their objections to the hostilities in Vietnam. The three Tinker students among with their friends were suspended for wearing the armbands. All of them did not return to school until after New Year. Acting through their parents, they all went to the Federal District Court to ask for injunctions but the court declined the idea, forcing them to take the case to the Supreme†¦show more content†¦Freedom of speech encompasses not only the spoken and written word, but also all kinds of expression (including non-verbal communications, such as sit-ins, art, photographs, films and advertisements). If the students wore obscene clothing, set the school on fire in protest of the war, then yes, the school can implement a disciplinary action. However, this case does not involve any of those issues. The students simply wore black armbands. I cannot see any disruptive behaviors in there. They did not use these symbols to incite other students, and they made sure to allow the classrooms to function properly. The District Court concluded that the action of the school authorities was reasonable because it was based upon their fear of a disturbance from the wearing of the armbands. But, in our system, undifferentiated fear or apprehension of disturbance is not enough to overcome the right to freedom of expression. In this text, the case hinges on whether the students created a disturbance. There was a fear that they might create one, but since they never did, the court held that their self-expression was protected. Accordingly, this case does not concern speech or action that intrudes upon the work of the schools or the rights of other students. This concept is key to the ultimate decision in the case. Speech that is a disruption to theShow MoreRelatedTinker Vs. Des Moines1399 Words   |  6 PagesCase Name: Tinker vs. Des Moines (1969) Facts of the case: In December of 1965, a group of Des Moines students held a meeting at 16-year-old Christopher Eckhardt’s house to plan a public showing of their support for a truce in the Vietnam war. They came to the decision that they would wear black armbands during the holiday season and fast on December 16 as well as New Year’s Eve. When the principals of the Des Moines school learned about the plan, they met on December 14 to create a policy statingRead MoreTinker Vs. Des Moines Essay1516 Words   |  7 PagesAmerican troops from Vietnam (Vietnam War History).† A case that is known in history forever â€Å"Tinker v. Des Moines† case was a very good example of anti-war protest and was proven to be an example of freedom of speech. Tinker v. Des Moines case involves two main students. Others students were also involved. The two main student’s names were â€Å"John and Mary Beth Tinker (Landmark Cases).† They were from Des Moines, Iowa and this case took place between the years 1965-1969 (Landmark Cases).† The problemRead MoreThe Tinker Vs. Des Moines Case1498 Words   |  6 Pagesteenagers endure the same issues in their lives. The Tinker vs. Des Moines case helped determined and interpret legal rights of young citizens for the first time. A group of students made a decision to wear black armbands to school to support a peace establishing agreement during the Vietnam War. As a result, the participating students; Mary Beth Tinker, Christopher Eckhardt, and John Tinker got suspended for their actions (Tinker v. Des Moines Independent Community School District).The school outlawedRead MoreAnalysis Of Tinker Vs. Des Moines, And Bethel V. Fraser905 Words   |  4 Pagesbe said. Both court cases: Tinker v. Des Moines, and Bethel v. Fraser involved the confusion and misunderstanding of this first amendment. â€Å"In December, 1969, a group of students in Des Moines held a meeting in the home of Christopher Eckhardt to plan a public showing of their support for a truce in the Vietnam War.†1 These students decided to wear black armbands to show their support. These students included: John F. Tinker, Hope Tinker, Mary Beth Tinker, Paul Tinker, and Christopher Eckhardt.Read MoreCase Study: Tinker vs. Des Moines795 Words   |  3 PagesCase Study: Tinker v. Des Moines The Vietnam War was, and still is, a highly controversial subject within American history and politics. Thousands of Americans took to the streets to show their discontent for the nations actions abroad. It was during this time that Tinker v. Des Moines took place, forever changing the way the nation viewed free speech. The case of Tinker v. Des Moines revolved around Americans discontent for the actions the country was taking overseas in Vietnam. In 1965Read MoreProtecting Life, Liberty, and Property in the Bill of Rights848 Words   |  4 Pagesletters that do no threat. The court case that involved amendment one is Tinker vs. Des Moines in 1964. Mary Beth Tinker and her brother wore black armbands to memorialize the Vietnam War. The principle, Des Moines suspened both of them because they refused to take them off. The court case was sent to the Supreme court because Des Moine interfered with Tinker’s right of freedom of speech. The ruling was seven to two in Tinkers favor. The Supreme court stated that students should not shed their constitutionalRead MoreBill of rights Essay955 Words   |  4 Pagesletters that do no threat. The court case that involved amendment one is Tinker vs. Des Moines in 1964. Mary Beth Tinker and her brother wore black armbands to memorialize the Vietnam War . The principle, Des Moines suspened both of them because they refused to take them off. The court case was sent to the Supreme court because Des Moine interfered with Tinker’s right of freedom of speech. The ruling was seven to two in Tinkers favor. The Supreme court stated that students should not shed their constitutionalRead MoreThe United States Constitution Is The Backbone Of Our Country1861 Words   |  8 Pagesschool, they are not unrestricted. The Tinker v. Des Moines Independent Community School District case was a groundbreaking case that helped set the guidelines for First Amendment rights in public schools. It is a case that has provided a backbone for dozens of other cases throughout the years. While the case ultimately upheld the 1st Amendment rights of students, it was a victory for everyone involved in public schools. Case In the case of Tinker v. Des Moines Independent Community School DistrictRead MoreSupreme Court Cases, Thematic Essay861 Words   |  4 PagesUnited States Constitution are interpreted. Two cases in particular that expanded constitutional liberties is the case of Engel vs. Vitale (1962) and the case of Tinker vs. Des Moines School District (1969). Not only did both of these cases expand constitutional liberties in general, they more specifically, expanded rights within the school system. In the case of Engel vs. Vitale, the main topic dealt with prayer at school. The New York State board of regents composed a non-denominational prayerRead MoreShould Students Who Engage in Cyberbullying, Even Off Campus Face Sanctions at School?991 Words   |  4 Pagesthis issue is that while it may begin off campus it can easily cause problems at school. When it does, principals can act based on the disruption that occurs to the school’s program. But, based on the decision of the US Supreme Court in Tinker vs. Des Moines (1969) you can only act when student speech causes a substantial disruption to school activities. Administrators may not restrict speech just because they disagree with the student or find what they are saying it offensive. If the speech