Tinker V. Des Moines Case Study

Words: 688

Pages: 3

Open Document

In the court case Tinker v. Des Moines Black argued against the students with arm bands and Fortas argued for the students wearing the armbands. Justice Fortas defended his opinion by arguing that he and the other student that was wearing armbands about a truce with Vietnam was freedom of speech. Freedom of speech is the first amendment so by Fortas arguing that the school was taking away the first amendment right away from the students was a strong argument. My only concerns about his argument is the school saying that it is against the rules and saying that student breaking those rules are being a disruption in the learning environment. Justice Black deafened his belief in the matter by writing a letter arguing that the first amendment does not give you the right to practice any belief or …show more content…
My concern about his argument is that he is not convincing enough for the court to turn to his side. In the court case tinker v. Des Moines two main people argued, Brown and Fortas. Brow believes that the student were in the wrong by wearing the armbands to school. On the contrary, Fortas believes that the students did nothing wrong by wearing the armbands. Brown believes that the student should be able to practice the first amendment but thinks that there should be places where the first amendments were not to be in place. For example brown wrote in his letter, “The Court decides that the public schools are an appropriate place to exercise "symbolic speech" as long as normal school functions are not "unreasonably" disrupted” In this quote Brown is saying that he believes that the first amendment should only be practiced in the appropriate places, and specifically Brown is saying that the only way that people should be able to practice the first amendment at school is f it is not to be disruptive. Brown thinks that wearing

Tinker V. Des Moines Independent School Case Study

As a student you have the right to express your feelings like the case in 1965 of Tinker v. Des Moines Independent school district. Chris Eckhardt a 16 year old student wore black armbands to school to protest against the war in Vietnam and as a result the school asked him to remove him which he didn’t and they suspended him and his parents sued the school. The court ruled for Chris Eckhardt the court said that as long as there wasn’t any distractions with work and no disorder they saw no reason…

Words 478 - Pages 2

Tinker V. Des Moines Independent School Case Study

The first case I decided to choose is the Tinker v. Des Moines. Tinker v. Des Moines Independent School District is about how three students got suspended by wearing an armband to silently protest the Vietnam War. The three students does not deserve to get suspended because they were not disturbing anyone’s education or causing harm. The students have the rights to have their own opinion regarding what was happening in the world or on any topics. I mean there are kids who wear brand name clothes…

Words 596 - Pages 3

Broker V. Oakwood Case Study

In the case of Broker v. Oakwood by a unanimous decision of 5-4, the Supreme Court rules in favor of Amy Broker. The school board violated her first amendment rights, specifically freedom of speech. The case first went to the district court ruled in favor of Broker. The Ninth Circuit Court of Appeals in San Francisco, however, ruled in favor of Oakwood School District. The Supreme Court has now overridden their decision and support Broker through the constitution. The wearing of buttons in school…

Words 549 - Pages 3

Book Banning in Libraries Essay

Books of Knowledge A Discussion about the Freedom Censorship of Books in Public School Libraries Collier Wimmer High Point University Introduction Book-banning in school libraries is only the latest battleground in a centuries-old war over the censorship of ideas. Twenty years after Johann Gutenberg’s invention, the first popular books were printed and sold in Germany; within another 20 years, Germany’s first official censorship office was established…

Words 3576 - Pages 15

Essay about High School and Dress Code

students and parents. The controversy over acceptable attire within the public school system, started back in the 1960s. Three students from Des Moines, Iowa sued the school district when they were suspended from school for wearing black armbands to protest the Government's policy in Vietnam (Tedford, 2009). This Supreme Court case became known as Tinker v Des Moines and was the "first big victory" supporting students' rights (Holding, 2007). The Supreme Court ruled that students don't "shed their constitutional…

Words 1869 - Pages 8

Freedom Of Speech Should Be Taught In Schools Essay

school to limit their freedom of speech while they are at school because school is an educational institution, the students are still immature, and one’s freedom can end when others’ freedom start. School is a place where students go to learn and study. The students spend seven hours in the school every day. It is not an easy task to stay focus in class for whole day. In order…

Words 1310 - Pages 6

Arguments Against Dress Codes

were even teenagers; five of which, started a big Supreme Court Case. Tinker V. Des Moines Independent Community School District was a famous court case in 1969. Five high school and middle school students wore black armbands over their clothing to protest the American involvement in the war and received expellition. Parents of these students felt like the school board was violating their child’s First Amendment rights and took this case all the way to the Supreme Court. The Supreme Court ruling was…

Words 902 - Pages 4

Gun Control Persuasive Speech

We haven't already had a moment of silence in the House of Representatives, so I would like to have another one. Thank you. Every single person up here today, all these people should be home grieving. But instead we are up here standing together because if all our government and President can do is send thoughts and prayers, then it's time for victims to be the change that we need to see. Since the time of the Founding Fathers and since they added the Second Amendment to the Constitution, our guns…

Words 1532 - Pages 7

Government: First Amendment to the United States Constitution and Navigation Privileges Precedent Essay

Alexys Allen August 1, 2014 Part Three: Court Cases 1. Marbury v. Madison(1803): Designated as a justice of the peace in the District of Columbia the last minute appointment were never fully finalized Precedent: when the constitution conflicts with an act of the legislature that act is invalidated established the supreme courts power of judicial law 2. McCulloch v. Maryland(1819): The state of Maryland passed legislation to impose lanes on the bank, McCulloch the cashier, of Baltimore…

Words 3075 - Pages 13

Legal Memorandum Essay

when they are in school and because school officials need to maintain order in school, a student’s reasonable expectation of privacy is lower than that enjoyed by the populous generally. T.L.O., 469 U.S. at 348 Safford Unified School Dist. No. 1 v. Redding, 557 U.S. 364, 129 S. Ct. 2633, 174 L. Ed. 2d 354 (2009). The Ninth Circuit found that Savana’s Fourth Amendment rights were clearly broken. “A search of pocketbook belonging to a female high school student suspected of smoking was justified…

Words 2791 - Pages 12