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. This particular case began on November 12, 1968. The three minors charged Iowa with multiple accusations. Kids Laws.com says, “They believed they were suspended for simply stating their opinions on the war. They believed this action taken by the school and …show more content…
Yes, we are allowed freedom of speech, but should there be a limit on this freedom? We can only justify these points based on the Bible. Ephesians 4:29 states this point quite well. “Let no corrupt communication proceed out of your mouth, but that which is good to the use of edifying that it may minister grace unto the hearers.” Ephesians shows that we may use the law of freedom of speech only when what proceeds out of our mouth is edifying and useful to the situation and to those around us. Freedom of speech must always be used to an extent. We may not allow students in schools to say whatever they please without any consequence. Also, as we are siding with the Tinkers, we must not send the wrong message to students. We are not displaying that whenever a student has a stance, to go against the school’s government and to make this a national ordeal. We must always discriminate in a sense that we must judge to see if the stance we are taking is God’s stance on that particular
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.
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.
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.
A landmark Supreme Court case known as Tinker v. Des Moines was argued on November 12, 1968 and decided on February 24, 1969. The parties involved in the case where the plaintiff, the Tinker family and the defendant, the Des Moines Independent Community School District located in Des Moines, Iowa. The issue or focus of the case was the extent of the first amendment to students on school grounds and whether or not the school district acted in accordance to the constitution when prohibiting the use of armbands as a symbol of speech. Petitioner John F. Tinker, his sister, Mary Beth Tinker, and his friend, Christopher Eckhardt, attended public schools in Des Moines, Iowa where they wore black armbands as a symbol of protest against the government’s policy or involvement in the Vietnam War. The Des Moines School District had become aware of the planned protest and created a policy against it on the 14th of December.
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
Des Moines ruling based off of the Court of Appeals reliance on the case in ruling on Bethel v. Fraser. Essentially Tinker v. Des Moines hinges on whether the school acted in accordance to their authority to maintain a proper environment for students, by impeding Tinker’s Right to Freedom of Speech. The Court found that wearing a black armband in peaceful protest is protected under Freedom of Speech, because there was no disruption caused in the action, it was unnecessary for the school to react in the manner that it did. Justice Burger went on to suggest that the Court of Appeals missed the mark in comparing the two cases.
If you think there should be limits to free speech, then who decides what should be restricted and where do you draw the line? If you think there should NEVER be limits on free speech, how do we justify allowing reckless speech that hurts others? I think we should have limits to freedom of speech. The limits we have in place right now are all that we need which is not being able to shout out something the cause chaos.
They don’t really care, they just need something to write on paper”. The school claimed it was in the best interest of the school and the student that the extension was awarded “it’d be unfair otherwise” Principle Poosh-Hoover later justified “Our school focuses on making the best suitable environment for our students so they can gain their highest possible grade, QCS score and most importantly OP. That’s what makes us the best school in the
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.
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.
GOSS v. LOPEZ, Supreme Court of the United States, 1975. 419 U.S. 565, 95 S.Ct. 729, 42, L.Ed.2d 725 deals with students that were suspended. The Columbus Ohio Public School System (CPSS) was sued by students. Nine students claimed that they were suspended without being given a hearing before their suspension, or even after their suspensions were over.
Commentary #4. The most important theme of Fahrenheit 451 is restriction of freedom of speech because of the fear to offend another person in the society. There are strict censorship laws in the totalitarian society of Fahrenheit 451. In the novel the job of a fireman is to start a fire and watch the forbidden literature burn, these firemen had never read the books they burn nor were they all allowed to keep one for more than 24 hours.
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
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.
As human beings, we are all born with an entitlement of freedom of speech or synonymously known as freedom of expression as it is a basic human right. It is stated in the Federal Constitution and it is important for us human beings to protect our rights to freedom of speech and expression as it is the backbone for a democratic society. Having the right to express oneself freely without any restrictions is an essential part of what it means to be a free human being. Article 10 in the Federal Constitution states that; (a) every citizen has the right to freedom of speech and expression; (b) all citizens have the right to assemble peaceably and without arms; (c) all citizens have the right to form associations.