...Tinker v Des Moines One of the most popular amendments, the first amendment, is also one of the simplest, but it still has cases based around it. For example, the Tinker v Des Moines case. In the case of Tinker v Des Moines, two siblings, John and Mary Tinker, had worn armbands with peace signs on them to express their opinion to drop out of the Vietnam War. School staff had told them to take off the bands but the students had refused. The school had decided to suspend them since they didn’t listen to them. After that series of events, the parents sued the district and the case went all the way to the Supreme Court. The Supreme Court had ruled with the students because the school had violated their 1st amendment rights. I agree with the court justices and I see the ruling as constitutional compared to some others who say that it wasn't constitutional....
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...Educational Law and Landmark Supreme Court Cases Involving Students Tinker v. Des Moines The court case Tinker v. Des Moines Independent Community School District of 1969, citation 393 U.S. 503 (1969), was heard by the Warren Court and the United States Court of Appeals for the Eighth Circuit. The case involved three students in Des Moines who held a meeting and decided to wear black arm bands to school in order to show support for the truce in the Vietnam War. The three students were John Tinker, Mary Beth Tinker, and Christopher Eckhardt. They met at Christopher Eckardt’s house, who was 16-years-old at the time, and made plans to wear the arm bands during the holiday season and intended to end the protest on New Year’s Day. An administrator had heard of the students plan before it happened and believed it would cause a disruption to the school. The administrator banned the arm bands that displayed support of the Vietnam War. Students were asked to remove the arm bands and if they did not, they would face suspension. In spite of the threat, the three students wore the arm bands to school anyways and refused to remove them. The students were suspended from school until the end of their protest. The parents of...
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...Gateway (Second Draft) Most of all of Supreme Court case from the time of Tinker V. Des Monies case have restricted the student rights of expression, student must be free to express themselves without unfair limits and the Tinker vs. Des Moines cases affirmed the rights of students to express themselves and the 1st Amendment prohibits laws that limit free expression. The case of Tinker v. Des Monies was rather a simple one. The case of whether the first amendment applied to students or just adults. The students argued that they should be allowed to wear armbands to display their praise for the people of the dead during the war. The staff thought this shouldn’t be allowed, mostly because of their influence of their actions might disrupt the learning environment of the class and (possibly) the school. This is understandable. They only wanted was best for the students. Although they are doing this for the best for the students, isn’t this a little restricting? Yeah sure, they don’t want the students to form a riot, but not allowing them to express their feelings from the war by not letting them wear arm bands, worse case not allowing them to return until they didn’t wear it? That’s the reason why the case was started in the first place. This could be avoided if they were allowed to wear the armbands in school…to a certain extent that is. Besides, this could be the exact reason why a riot might form, the restrictions is causing a stressful strain to the students and couldn’t...
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...The case Tinker v. Des Moines originated in Des Moines, Iowa in 1965. Two kids named John, and Mary Beth Tinker, and their friends, were two kids that were planning to wear armbands to express their feelings about the Americans in the Vietnam War. After the school board overheard them they decided to make a rule that if kids were to wear armbands they would be asked to remove them. If they said no they would be suspended until they agreed not to wear them. When the kids showed up two days later knowing the rule they were asked to take them off, and they said no, so they were suspended. On January 1, 1966 (The scheduled end of the protest) they returned to school without the armbands, however their fathers were filing a suit in the district...
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...to express this amendment is that it gives us our most basic freedoms as American citizens. The reason this amendment is important is because it protects an American’s citizen’s basic rights. There have been many challenges to this amendment over the years. Two of the primary challenges to the amendment are Bethel School District v. Fraser and Tinker v. Des Moines Independent Community School District. In the case, Bethel School District v. Fraser, Fraser, a public school student, was suspended for using sexual references in a speech endorsing one of his friends for a student government position. Bethel School District decided to suspend Fraser which led to Fraser suing Bethel School District for violating his freedom of speech....
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...Bella Albarron 11-6-15 Government Tinker V. Des Moines Court Case ISSUE: The question in this case, is does a banning of wearing armbands in public school, as symbolic protest, violate the students' freedom of speech protections guaranteed by the First Amendment? FACTS: John and Marybeth Tinker attended a public school in Des Moines, Iowa in 1965. On December 1965 the Tinkers held a meeting in the house of their friend named Christopher Eckhardt. The group decided on wearing black wristbands throughout the holiday season to show their disagreement with the Vietnam war and their support of the Christmas Truce called for by Senator Robert F. Kennedy. They also decided to fast on December 16th and on New Years Eve. The principals of the Des Moines Schools learned of this plan and met on December 14th to create a policy that stated school children wearing an armband would be asked to take it off or be suspended. Marybeth Tinker and Christopher Eckhardt were suspended from school on December 16th for refusing to remove the armbands. The following day John Tinker was also suspended for the same reason. The children were suspended from school until after January 1, 1966 when their protest had been planned to end. The case began on November 12th of 1968. The Tinkers and Christopher Eckhart filed charges against the state of Iowa: The Tinkers stated that their suspension resulted out of legal expressions. They believed they were...
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...four very important cases that have paved the way for the freedom of speech that is or is not allowed in school today. These four cases are Tinker v. Des Moines, Bethel v. Fraser, Hazelwood v. Kuhlmeier, and Morse v. Frederick. Tinker v. Des Moines Independent Community School District was the first case of freedom of speech for students. This case took place in 1969 in Des Moines, Iowa. John F. Tinker and his siblings and friends decided to wear black armbands to school in order to protest the Vietnam War. The principals and other parents and students were not fond of this gesture because they thought it was disrespectful to the people who were serving in the war. The principals of the school heard about this before it occurred and decided to make a policy that stated that any student that wore these black armbands would face consequences. These consequences included taking off the armband and being suspended until the student agreed to not wear the armband anymore. The children wore the armbands to school and were suspended. The Tinker family decided to take this to court. This case went all the way to the Supreme Court where they ruled in the favor of Tinker. The case law that resulted from this case stated that schools could only suspend speech if: 1) the speech causes problems or disrupts the educational process; 2) the speech has caused problems in the past; 3) the speech violates the constitutional rights of another student. This case decision has been the...
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...CITATION Tinker v. Des Moines ISD, 393 U.S. 503 (1969) FACT Plaintiffs, John Tinker (15), Mary Beth Tinker (13), Hope Tinker (11), Paul Tinker (8), and Christopher Eckhardt (16) chose to wear black armbands in protest of the Vietnam War. The armbands were additionally worn in support of Senator Robert Kennedy’s Christmas Truce, and to show respect for soldiers who have lost their lives. The plan was to wear the armbands over the holidays, as well as participate in a couple of days of fasting. Administration of Des Moines School learned to the activities and met to discuss the implications wearing the armbands might place on the culture of their school as well as what disruption it might cause to the daily educational process if they were...
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...Running head: Hazelwood vs. Kuhlmeier Hazelwood School District V. Kuhlmeier in APA style Wilkes University Abstract In 1982, the principal of Hazelwood High School deemed two articles submitted by students to be unsuitable for circulation in the school newspaper, and had the pages removed. Principal Renalds felt the content of the articles, which referenced teenage pregnancy and divorce, would disrupt the learning environment at the school and endanger the wellbeing of students. The students felt that their first amendment rights were violated, and filed a suit against the school district. The case eventually reached the United States Supreme Court, which ruled that as long as the school had “a substantial and reasonable basis (Brandsberg-Engleman et al., 2002).” in removing the pages from the newspaper, it did not offend the first amendment rights of the students. The students of Hazelwood High School have the opportunity to add journalism to their curriculum. Journalism I is an introduction to the profession, and completing the requirements of the class allows students to advance to Journalism II. One requirement and privilege for Journalism II students is the responsibility of producing and publishing the school newspaper, titled “SPECTRUM.” The main goal of this project is to familiarize students with the “legal, moral, and ethical restrictions imposed upon journalist within the school...
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...Tinker v. Des Moines was a significant Supreme Court case, which tested the limits of student’s First Amendment rights on school grounds. It was December 1965, and a group of students in Des Moines, Iowa, planned a civil demonstration to protest the war in Vietnam. The Des Moines school district became aware of this plan, and adopted a policy stating “any student wearing armband would be asked to remove it, with refusal to do so resulting in suspension,” (The Oyez Project 1969). The school district banned the armbands due to the belief that the armbands may disrupt class, yet other forms of campaigning, such as buttons, were permitted in school (Bill of Right Institute 1969). On December 16th, Mary Beth Tinker and Christopher Eckhardt were...
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...environment have been greatly discussed, debated on, and ruled on throughout the legal system. Over the past century, the rights of educators have greatly changed as landmark court cases have examined various topics of this vast and extensive educational issue. In the past, educators were held to strict and in some cases unfairly stern standards of behavior both in and outside of the classroom. In the previous generations, teachers were expected to exhibit almost picture-perfect behavior and were contractually bound to adhere to a code of conduct in their private lives that if broken was grounds enough for termination. In some parts of the country, teachers were prohibited from harmless and legal recreational activities such as, dancing, playing cards, drinking, as well as subjected to questioning concerning their church habits. Additionally, church attendance and participation was monitored, verified, and in many cases required in order to be in good standing within the profession (Utah Educational Association, 2009). While there are numerous court cases throughout the past century involving the rights and empowerment of teachers, the three cases that will be examined within the contents of this paper are Tinker v. Des Moines Independent School District, James v. Board of Education, and Breen v. Runkel. These landmark cases helped to shape the current structures, policies, and freedoms that educators enjoy today. While today’s educator is not bound by outlandish codes of conduct as in the...
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...Tinker v. Des Moines Independent Community School District In December 1965, students from Des Moines held a meeting in reverence to a truce in Vietnam War held a public showing in the house of a sixteen year old teenager named Christopher Eckhardt. They decided that they would show their respect by wearing black armbands through out the holiday season. They also decided that they would fast on December 16 and New Years Eve. When the principals of Des Moines’ schools heard of this news, they banned the use of armbands and made a policy which stated any student wearing the apparel would be suspended. On December 16, Mary Beth Tinker and Christopher Eckhardt were sent home and suspended as they ignored the policy. John Beth Tinker, another student, did the same thing and was also suspended. The students did not come back to school until after New Years Day. The children later sued the school, through their parents, on the basis of violating the rights of students. The Supreme Court dismissed the case on the fact that schools had the right to discipline their students. The Court had a 7-2 decision on the case for the schildren. The Court argued that the students had not lost their freedom of expression or rights when they entered the school. In order to justify the suppression of speech, the school officials proved that the armbands would “materially and substantially interfere” with the operation of the school. The Court upheld [505] the constitutionality of the school authorities'...
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...For my presentation, I am going to be talking about the Tinker v. Des Moines Independent Community School District supreme court case. The Tinker case itself involves rights such as the freedom of speech and expression, but before the discussion of the details of the case, this outline will provide a bit of background information regarding the times in which the Tinker case took place. The incident which would lead to the Tinker supreme court case took place during year of 1965, which would also place the event during the middle of the Vietnam War. The year 1964 and onward would see public support for the Vietnam war dwindle. As it is already known, the 26 amendments would not be ratified till 1971, meaning that “young men under the age of...
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...Most of all of Supreme Court case from the time of Tinker V. Des Monies case have restricted the student rights of expression, student must be free to express themselves without unfair limits and the Tinker vs. Des Moines cases affirmed the rights of students to express themselves and the 1st Amendment prohibits laws that limit free expression. The case of Tinker v. Des Monies was rather a simple one. The case of whether the first amendment applied to students or just adults. The students argued that they should be allowed to wear armbands to display their praise for the people of the dead during the war. The staff thought this shouldn’t be allowed, mostly because of their influence of their actions might disrupt the learning environment of the class and (possibly) the school. This is understandable. They only wanted was best for the students. Although they are doing this for the best for the students, isn’t this a little restricting? Yeah sure, they don’t want the students to form a riot, but not allowing them to express their feelings from the war by not letting them wear arm bands, worse case not allowing them to return until they didn’t wear it? That’s the reason why the case was started in the first place. This could be avoided if they were allowed to wear the armbands in school…to a certain extent that is. Besides, this could be the exact reason why a riot might form, the restrictions is causing a stressful strain to the students and couldn’t take much more of it. In...
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...Karissa Ramirez School Law and Policy Issues Professor Criscione Table of Contents Introduction Student free speech Teacher free expression Freedom of Expression Rights: The Tinker Standard The Fraser standard The Hazelwood standard Faculty free speech Conclusion Introduction Free speech in public schools is important because it allows students and teachers to speak their minds on school grounds, wear jewelry or buttons, wear t-shirts with messages or color their hair a certain way. However, with the protection of the First Amendment that is guaranteed by the United States Constitution, it is sometimes not enough for students and teachers since there are limits to their speech or expression. It is evident that there are issues that have impacted free speech in public schools such as student and teacher free expression, freedom of expression under the First Amendment including the Tinker, Frazer and Hazelwood standard, and faculty free speech; in dealing with these cases it has helped shape future decisions of public school officials. Student Free Speech Student free speech rights have advanced since the twentieth century because previously students had no First Amendment rights. On the other hand, sometimes student’s rights are reduced or eliminated in certain situations. The Supreme Court has also maintained that the First Amendment rights of minors can be restrained in regards to school safety. School officials are also allowed to prevent, “student expression that presents...
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