Tinker Vs Moines Case Study

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Pages: 4

In Tinker v. Des Moines (1968) the case constituted similar circumstances and holds a precedence for future cases. Tinker v. Des Moines concerned students first amendment right being suppressed by school officials in 1968. Three children: Mary Beth Tinker, Christopher Eckhardt, and John Tinker wore black armbands to protest the Vietnam war; the school officials subsequently sent the children home, and the children took the school to court, citing that the school attempted to suppress their first amendment right to free speech. In a 7-2 opinion in favor for Tinker, the supreme court decided that the armband demonstrated pure speech and doesn’t cause a disruption to the school environment, or any safety concerns that would disrupt the student’s education. …show more content…
In the case present Tinker v. Des Moines can be referred to draw parallels and look at precedence. Both cases consist of students v. school administrations. The issue in concern is suppression of the students first amendment right, as they signify and protest for a cause. However, in this case, unlike Tinker v. Des Moines, I favor the school board for two specific reasons; the students violated the school dress code, which causes a disruption to the school environment, also if the students hadn’t worn hoodies, and instead just the pin’s, I would have favored the students. However, because the hoodie is in violation of the school’s dress code, and is an act of insubordination, this case doesn’t pass the test’s (causing a disruption to the school’s environment) set forth by, and used after the Tinker v. Des Moines case (1968). However, if the students had just worn the black lives matter pins, and not the hoodies, the school district would be violating the students first amendment right to expressing