...Arrnbands: freedom of speech or not? Would you wear an armband to school if you disapproved about a controversial topic? In the court case Tinker vs. Des Moines, two students in high school and one student in middle school wore black armbands to publicize their objections of the Vietnam War. The schools that these students went to decided to suspend them until they came to school without the armbands. The parents of these students did not like that and therefore they took it the supreme court in the case which is known as the Tinker vs. Des Moines court case. In the court case two Justices, Fortas and Black, had different opinions on it and one agreed and one disagreed. According to one the Justices, Fortas, he believes that supreme court's decision was wrong because it was not creating a disturbance and therefore it should not have gone this far....
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...The Tinker vs. Des Moines case occurred in 1960 and the Tinker siblings weren't okay with the war so they did something about it. The Tinker siblings were upset because the Vietnam war was going on around the 1960’s. The siblings did not approve of the war and wanted peace instead of war. Because of this, they decided to protest by wearing black armbands with white peace signs on it. The school of Des Moines said that they would not allow protests to be done at the school. Tinker believed this violated the first amendment. It states citizens can protest without being punished as long as it is legal. The Tinker siblings were suspended and they were compelled to sue, given their circumstance. The case was taken to trial and was appealed to the...
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...Tinker v. Des Moines (Independent Community School District) was a controversial court in 1965 were multiple students in Des Moines wear black arm band in protest of the Vietnam War by doing so they were suspended from school. In December of 1965, a group of kids from throughout the city of Des Moines, Iowa congregated at the home of Christopher Eckhardt a sixteen year old student from Des Moines. The meeting was called discusses a plan to wear black armbands to school in protest of the Vietnam War and to also fast on December 16 and New Year’s Eve. But on December 14 two days before the protest were set to begin the principals of the school found out about the plan to protest and quickly created a policy that would prohibit the wearing of...
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...Tinker Vs Des moines How would you feel if you were suspended just for wearing a hat? Well, imagine how the Tinker kids felt when they got suspended for wearing an armband in protest of the Vietnam war. It was john tinker, Mary-Beth Tinker and another friend who made the decision to protest against the Vietnamese war by wearing some armbands. The school allowed several political symbols to be worn, but banned anything against the Vietnamese war. When they were suspended, their father sued the school, but the district court said that what the school did was constitutional, and they took it to supreme court. What the school did was completely unconstitutional. The Tinker kids have the freedom of expression (1st amendment) to support them. The school had no right to suspend anyone who was wearing an armband in protest of the Vietnam war. The first amendment states ‘congress shall make no law respecting an establishment of religion, or prohibiting the free practice thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances’. The Tinker kids expressed themselves through wearing an armband to school, therefore the Tinker kids were expressing themselves against a war, which is, according to the bill of rights, is perfectly legal. The kids were also peacefully protesting against the war, which means that they weren’t being disruptive, and they didn’t harm anyone...
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...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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...A very important case in the history of the United States is the case of Tinker vs. Des Moines. The case decides the issues of symbolic speech and its limits. It displays the right of individuals, including children wherever they are, even school. In this case we see the limits of the first amendment and how far this right extends. What happened in this case? One day in 1969 brother and sister John and Mary Beth Tinker wore black armbands to school in protest over the United States’ involvement in the Vietnam War. The school issued a new policy stating that those who wore armbands would be asked to remove it right away. If that student failed to remove his armband, he would be suspended until agreeing to return to school without the armband. The Tinker children and their friend wore the armbands to school and were suspended because they did not remove their armbands. On January 1, 1966, their scheduled day for the end of their protest, the children returned to school. Their fathers filed suit to United States District Court. The U.S. District Court recognized their right to free speech but did not issue an injunction because the school’s actions were reasonable because of possible disruptions from the students’ protests. The fathers appealed to the Court of Appeals which ended with a...
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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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...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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...The most important amendment of the Bill of Rights is the First Amendment. There are five freedoms guaranteed in the First Amendment: the freedom of speech, religion, press, assembly and petition. Another way 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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...What was the case about? In 1965, some of the students attending Des Moines school met at a young students house named Christopher Eckhardt where they decided to show their support for the Vietnam war truce by publicly wearing black armbands though the winter and fasting on December 16 and New Year's Eve. When the school heard about this, the principals banned all students from wearing an armband or they would be suspended. Mary Beth Tinker, Christopher Eckhardt, and John Tinker ignored the rule and decided to wear the armbands anyways, so the school suspended them. They didn't go to school until after the New Year. The students and their parents sued the school for not letting students express themselves...
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...1. After viewing the tutorials on finding a case in Westlaw, please locate the following legal sources. Give the proper bluebook citation for the source and also one paragraph summary of its contents. a. Case: 39 U.S. 503 (the case came out in 1969) Tinker v. Des Moines Independent Community School District. 393 U.S. 503, 506 (1969). John and Mary Beth Tinker and their friend Christopher Echardt decided to protest the Vietnam War. They decided to wear black armbands to school during the Christmas season. The principal heard about this and feared there would be a disturbance so the armbands were banned. If the students refused to remove them, they would be suspended until the protest ended, which was New Years. They were suspended for wearing the armbands. b. Case: 655 S.E.2d 232 Capp v. Carlito’s Mexican Bar and Grill No. 1, 655 S.E.2d 232 (2007) A trial court erred in granting summary judgment to a restaurant in a suit brought by a guardian of an injured child pursuant to Georgia’s Dram Shop Act. O.C.G.A. ? 51-1-40, as an issue of fact existed whether or not the restaurant’s server knowingly served alcohol to the child’s mother while she was in noticeable intoxication state. c. Statute: 29 U.S.C. §621 Age Discrimination in Employment Act of 1967 (ADEA), 29 U.S.C. §621 The purpose of this chapter is to promote employment of older persons based on their ability rather than by their age. It is also to prohibit any age discrimination in employment...
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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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...Back in 1988, a principal removed personal stories about student pregnancies and students of divorced parents. He found these to be offensive and inappropriate for the school newspaper. The students took the school district to court for violating the First Amendment rights of student journalists (Abrams, 1). This court case is known as Hazelwood v. Kuhlmeier. The court ruled that, despite the Tinker ruling recognition of strong First Amendment protection, student expression in school-sponsored venues may be subject to greater limitations when those venues have not been established as “designated public forums.” In that context, school officials can censor, if they provide a reasonable educational justification for their actions (Bowen, 1)....
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...Name Kaplan University Practicing Online Research PA201 – Unit 2 Assignment November 22, 2014 1. Give the proper Bluebook citation for the source and also one paragraph summary of its contents: a. Case: 393 U.S. 503 [the case came out in 1969] In December 1965, students of public schools in Des Moines, Iowa wore a black armband to school to show their objections to the hostilities in Vietnam. The principals of these three schools became aware of the student’s plan to wear the armbands on December 16, 1965, and adopted a policy forbidding students to wear the armbands two days prior. Any student wearing an armband would be asked to remove it, or would be suspended for refusal until after New Year’s Day. Though the petitioners, Mary Beth and John Tinker and Christopher Eckhardt, were aware of the regulation that the school authorities adopted, they still wore their armbands to school as planned and were suspended when they refused to remove them. Tinker v. Des Moines Sch. Dist. 393 U.S. 503 (1969) b. Case: 655 S.E.2d 232 Leilani Capp, Grandmother and guardian of Brian Hunter Sykes, filed a suit against Carlito’s Mexican Bar and Grill to recover compensatory and punitive damages when an incident occurred that resulted in Sykes obtaining injuries from a car crash. Sykes’ mother took him to Carlito’s bar, where she drank heavily, drove herself and this child home intoxicated, and then crashed her vehicle on the way home. Capp alleges that a bar...
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...Landmark Case Evaluation Fill in the notes for the landmark case you selected to connect with your topic in the previous lessons. You may use the official court documents for the case and articles written about the case to fill in the required information below. Basic Information Title of landmark case (including case number): Morse v. Frederick No. 06-278 Plaintiff: Joseph Fedrick Defendant: Deborah Morse, Juneau School Board Date case argued and decided: Argued March 19 2007, Decision date: June 25, 2007 Judgment Affirmed or Reversed: Reversed Case Evaluation Write three to five complete sentences to respond to each of the following items. Issue/charges being discussed: The issue/ charges that were discussed was that whether a principal/ teacher violates the Free Speech of the First Amendment by limiting speech at a school supervised event when the speech is reasonably being viewed as promoting illegal drug use. Evidence presented during the arguments: Conclusions of the judge/judges: The conclusion of the judges the court recognized that the banner’s message was puzzling. But Morse had believed that the banner could be interpreted as promoting illegal drug use.The court did explain that the phrase on the banner could be viewed as imperative to use or celebrate illegal drug use.But under the Federal law and with the providing of the federal funds school need to educate the students on the dangers of using drugs or abusing it.The first...
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