How the Earl Warren Court Liberalized America Essay

The Warren court did exceed boundaries issuing some decisions during the 1960s. They were known to extend provision leading to the protection of people from federal government and local government through the constitution of independence. Warren court also had a small controversial with the state sponsoring school prayer and anything church related. It is also known that the Resolution congress gave the President power to wage war without a formal declaration of war. Other presidents are also known to follow the same tactics to send our militaries overseas and all around the world as well. It basically gave the presidents more power then the checks and balances were allowed. Truman also took part in these actions drawing attention and questions.

In Tinker vs. Des Moines case is about a group of students doing a silent protest against the Vietnam War. The students plan was to wear the armbands from December 14 through New Years, but before the silent protest started the students were told by the principle of Des Moines that if they wear the black armbands to school they would be suspended. Four students students still decided to wear the black armbands to school and they were suspended, they were only allowed to come back if they decided not to wear it any more. The students didn’t come back to school until after New Years. Then the four students decided to sue the school for not letting the students have free speech.

When supreme court was deciding on the case of Morse v. Frederick, 551 U.S. 393 (2007) there were two previous cases that were cited which where Tinker v. Des Moines Sch. Dist., 393 U.S. 503 (1969) and Bethel Sch. Dist. v. Fraser, 478 U.S. 675 (1986). In the supreme court case between the Des Moines school district and a student by the name of Mary Tinker, both the Fourteenth Amendment as well as the First Amendment were utilized as a means to relieve a dispute of the constitutional rights of freedom of speech. Three students that were attending a public school in Des Moines wore black armbands around their biceps as a peaceful protest against the Vietnam war. The students were suspended from school and through the appeals process, this case

The case of Tinker v. Des Moines revolved around American's discontent for the actions the country was taking overseas in Vietnam. In 1965 in protest against the war, John and Mary Beth Tinker "wore black armbands to their public school as a symbol of protest against American involvement in the Vietnam War" (StreetLaw Inc. 1). The two were young students at a local high school. Their protest was noticed by the authorities of their school, who then promptly demanded that the two remove their armbands. This demand was denied, and the Tinkers refused to do so, claiming that it was their right to free speech that was provided to them by the Bill of Rights. As a result the two were suspended from their school (StreetLaw Inc. 1). Yet, the Tinkers were unwilling to accept the punishment, and saw the act as a violation of their First Amendment rights. They sought legal action and took the case all the way to the Supreme Court in 1968.

Justice Hugo L. Black argued against and gave a dissenting opinion from the majority. He argued the school had a right to maintain order and those armbands distracted students from schoolwork, ultimately detracting the abilities of school officials to perform duties. Additionally, concurring opinions arose from Justice Potter Stewart and Justice Byron R. White. Potter argued that students are not necessarily guaranteed the full extent of the First Amendment rights, and White argued that distinction between communicated words and communicated actions are what drives the majority opinion (“Tinker v. Des Moines Independent Community School District:”). In the “Tinker v. Des Moines School District” article it is written that Justice Abe Fortas famously wrote that “it can hardly be argued that either students or teachers shed their constitutional rights to freedom of speech or expression at the schoolhouse gate” giving way to students’ First Amendment rights in the school place (“Tinker v. Des Moines School District:”). In order for a student to lose such right, the school district would now have to prove this act interfered with other students, an issue that begins to surface throughout the remaining 20th

The students in Tinker were wearing black armbands in school to protest the Vietnam War. Tinker v. Des Moines Indep. Cmty. Sch. Dist., 393 U.S. 503, 504 (1969). School officials suspended students when they refused to remove the bands because they believed they would provoke classroom disruptions and violence, though none had occurred at that point. Id. The Supreme Court held in Tinker that the schools could not prohibit the expression of an unpopular opinion unless such prohibition “is necessary to avoid substantial interference with schoolwork or discipline.” Id. at 511. The students in Tailor by contrast were protesting the United States’ response to 9/11 and began throwing paper and water bottles around the classroom during their protest.

In the history of the Supreme Court, there have been many First Amendment cases that outline if exercises of free speech and expression are constitutional or unconstitutional. One of the most paramount 1st amendment cases is that of Tinker v. Des Moines Independent Community School District (1969). This significant case helped shape the extension of symbolic speech, as well as ensure the freedom of speech and expression to students in schools.

Significance: The case Tinker v Des Moines broadens the interpretation of student’s First Amendment rights. The students do not shed their First Amendment right when they enter school grounds. Thus extending their right of free speech, press, etc. in their school. They have the ability to freely speak about issues in their schools, etc. However, their rights are still limited in a way their speech may not disturb the learning of

The hearing took place on November 12,1969. During the hearing, leading attorney for the Tinkers, Dan Johnston, argued that the action of the students was censored under the First Amendment and their symbolic speech caused no disturbance. On the other hand, the school argued that they should have the duty to enforce and maintain order and all discretion should be left at the hands of the school and not the court (Anker 379). Around the same time, another case with the same problem arose. In the Burnside v. Byars case, there was a group of black students that attended an all-black public school in Philadelphia, Mississippi. To protest the racial segregation happening in their state, they wore freedom buttons. About thirty of the students who wore the buttons were suspended. The Court of Appeals, in the fifth circuit, said that the students have free speech rights and in order for the school to ban the buttons, the school must have evidence of disruption; otherwise, it is considered arbitrary and unreasonable and cannot be sustained (“Tinker…1969”). In the ruling of the Burnside v. Byars case, the Court of Appeals stated that in order for the school to interfere with students’ free rights, they must have evidence that it was interfering with school orders. However, Judge Stephenson, judge in the United States Court or Appeals, claimed that schools should not be limited to how they restrict

The Tinker vs. Des Moines case helped determined and interpret legal rights of young citizens for the first time. A group of students made a decision to wear black armbands to school to support a peace establishing agreement during the Vietnam War. As a result, the participating students; Mary Beth Tinker, Christopher Eckhardt, and John Tinker got suspended for their actions (Tinker v. Des Moines Independent Community School District).The school outlawed and attempted to penalize petitioners for a “silent, passive expression of opinion”, that didn’t cause any commotion (Tinker v. Des Moines Independent Community School Dist). The parents decided to sue the school for disrespecting the student’s constitutional rights of expression.

The Warren Court left an unprecedented legacy of judicial activism in the area of civil rights law as well as in the area of civil liberties—specifically, the rights of the accused as addressed in Amendments 4 through 8. In the period from 1961 to 1969, the Warren Court examined almost every aspect of the criminal justice system in the United States, using the 14th Amendment to extend constitutional protections to all courts in every State. This process became known as the “nationalization” of the Bill of Rights. During those years, cases concerning the right to legal counsel, confessions, searches, and the treatment of juvenile criminals all appeared on the Court's docket.

Warren Burger is the 15th Chief Justice of The United States of America. Warren Burger was a legal scholar, and was known for his liberal rulings. This essay will discuss, Warren Burger’s life before becoming a Supreme Court Justice, his court’s philosophy and his courts legacy.

Declared in the U.S. Constitution every American or should it be person, is guaranteed civil rights. Civil rights did not just consist of “freedom of speech and assembly,” but as well as “the right to vote, the right to equal protection under the law, and procedural guarantees in criminal and civil rights,” (Dawood). It was not until 1791, that the Bill of Rights was appended to the constitution, which helped clarify these rights to citizens. “Rights were eventually applied against actions of the state governments in a series of cases decide by the Supreme Court,” Dawood stated. In previous years (1790-1803), the Supreme Court had little say in decisions being made by government. As time went on the Supreme Court took on more

In Des Moines, students were learning about Vietnam, and they decide to go against the Vietnam war. They wore black armbands to school to protest the fighting but the principle found out and said if they wore black armbands they would get suspended and they did. The students parents sued the school for violating the students freedom of speech. They lost in court because armbands could disrupt learning but they decide to go the United States Supreme Court.

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