Cyberbullying and Tinker
Cyberbullying is prevalent in today 's society due to the abundance of teenage students having access to the internet either on campus or off of campus. Bullying over the internet is thought of being done by students against students. Although this is true, there are many instances where students use the internet to voice their opinions about teachers and administrators in which the language is vulgar, lewd, and demeaning. As of 2015, all states in the United States, except for
Montana, have enacted policies that deal with bullying by using an electronic device. However, in many of the previous court cases, the rulings have been linked to a Case Law that was made in
1969. "Tinker v. Des Moines Independent Community School District is frequently recognized as being the first case to protect students ' First Amendment rights at school. By ruling that it was within Iowa high school students ' First Amendment rights to protest Vietnam by wearing armbands at school, the Court established that students do not shed their Constitutional rights at the school gate, with the exception of behavior that could cause "substantial disturbance" to the school environment" (Eaton, 2014). The Supreme Court has not yet made a ruling on a case dealing with cyberbullying and the internet; therefore, it must rely on Case Law from before the internet era to make decisions involving students ' freedom of speech. This is where cyberbullying and
This case has also set the groundwork for forthcoming cases such as Bethel School District v. Fraser where the courts decision was based on this landmark case. It was stated that basically “students are not granted the same coextensive rights as adults in other settings outside of school”. Institutions of education still apply the decisions made in New Jersey v. T.L.O. to today’s school settings to maintain order and accountability of student well
The case of Tinker vs. Des Moines to place at Warren Harding Junior High School in Des Moines, Iowa and dealt mostly with Your freedom of speech and freedom of expression on school grounds. On December 16th, 1965, Fifteen-year-old John Tinker, Thirteen-year-old Mary Beth Tinker, Eleven-year-old Hope Tinker, Eight-year-old Paul Tinker, and Sixteen-year-old Christopher Eckhardt wore black armbands to schools to protest the ongoing Vietnam War. But then the principal of the school then told them that if they proceed to enter the school grounds with the black armbands a part of their dress attire, they will be suspended for the rest of the year until they decide to not return with the black armbands. They then return to school on January
Certain court cases have changed because of Amendments. The Gibbons v. Ogden case of 1824 was about a plaintiff, named Aaron Ogden, had purchased an interest in the monopoly to operate steam boats. Ogden brought suit in New York
In closing, Justice Abe Fortas and Justice Hugo Black both give valid testimony for their side of the argument; however, Fortas’ profusion of cited evidence outweighs Black’s mainly opinionated case. And even though this may seem like just another court case to be cited one day, it can go a long way in protecting students’
In this text, the case hinges on whether the students created a disturbance. There was a fear that they might create one, but since they never did, the court held that their self-expression was protected.
Levine, M. D. (1984). Reshelving the First Amendment: Board of Education, Island Trees Union Free School District No. 26 v. PICO. Loyola of Los Angeles Law Review, 17,
related to the second case, being the second case was fought to reverse the outcome of the first
Decision of the Court: The court ruled (7-2) in favor of the students, stating that the armbands were a symbolic representation of speech and that the students do not lose their Constitutional rights in
During the court case the Supreme Court was asked to solve an important question that came up.The question was Did the Pennsylvania law and Abington policy, require public school students to participate in classroom religious exercises,violate the religious freedom of students as protected by the first and fourteenth
In the ruling of Hazelwood v. Kuhlmeier, the Supreme Court established a new standard of protection for student expression, by ruling that schools may limit the personal expression of students if their speech can be perceived to bear the imprimatur of the school.Writing for the majority, Justice Byron White said "censorship of school-sponsored student expression is permissible when school officials can show that it is reasonably related to legitimate pedagogical
As I entered high school, the prevalence of cyberbullying hit me like a ton of bricks. Over the years, as smartphones became more advanced, there was a shift from verbal and physical bullying to cyber
Decision: The court ruled against the school district and upheld the establishment clause of the first
Throughout history there have been various influential court cases involving Education. These important cases and their outcomes act as milestones on the road to a successful education System in the United States. Topics such as race, religion and gender equality within schools have all been vigorously debated upon and have ultimately played major roles in shaping today 's education system. By examining civil rights and acting upon these rights many important educational court cases have allowed many students a greater chance for efficient and equal learning opportunities in the classroom.
If school officials were to try to hold findings against students they would be breaking the law. This is proven by the supreme court “In it’s now famous Tinker decision, 3… the court concluded that...school officials are not permitted to prohibit or discipline student speech or expensive activity simply because it may be provocative or controversial.” (Vander Broek) meaning that schools cannot punish students for what they post online. The supreme court made it illegal for content posted on social media to be held against student’s for punishment. It is illegal for schools to hold student’s actions on social media against them for punishment, so schools shouldn’t try it without expecting a
In addition to demonstrating that the Supreme Court used to be highly in favor of the First Amendment, Tinker v. Des Moines demonstrates that the First Amendment does not harm anyone. According to the Supreme Court, there was “no evidence whatever of petitioners' interference, actual or nascent, with the schools' work or of collision with the rights of other