The 1960's: The Tinker Vs. Des Moines Case

The first amendment, which is considered the right to freedom of speech, is a misconception to many. Not all citizens, but some, think that because of the first amendment; they can say whatever they want. Although citizens of the United States have the right to freedom of speech, this freedom of speech is viewed differently by others. Which leads to confusion as to what can be said and what cannot be said. Both court cases: Tinker v. Des Moines, and Bethel v. Fraser involved the confusion and misunderstanding of this first amendment.

In 1968, there was a case that went from the board of education and expanded to the Supreme Court. Everything started from student simply wearing black armbands. The court tried everything to hide the fact that they we're basically making the government look like a democracy.

On January, 23 1906 a white woman named Nevada Taylor was dropped off the bus station in Chattanooga, Tennessee at 6:30 p.m. only two and half blocks from her home. Little did she know she was being followed? A man grabbed her by the neck and drug her ten feet before throwing her over a fence. She screamed and struggled as he put a leather strap around her neck and threatened to cut her throat. Taylor accounts waking up about ten minutes later in torn and dirty clothes covered in bruises. Her doctor later confirmed she had been raped. She claimed to have never of saw the face of the attacker but he had a soft voice of a black man. During this time of prejudice, segregation and hatred towards Negros was just a way of life for the

A group of students gathered for a meeting in December of 1965. They planned to show their support for peace in the Vietnam War. John Tinker and a group of his friends met at Christopher Eckhardt’s home in Des Moines. They all agreed to wear black armbands during the entirety of the holiday seasons and to not eat on the 16th of December and New Years Eve. Their school discovered the student's plan and decided to produce a policy that stated that any student wearing an armband who would not remove it if asked would be suspended. The school would only allow the students to return if they agreed to follow the new policy and remove the armbands. John Tinker’s sister, Christopher Eckhardt, and the other students who attended their meeting all wore the armbands to school. Mary Beth Tinker and Christopher Eckhardt were suspended since they did not cooperate with the policy. Tinker’s parents sued the school for repressing their children's self-expression and opinions. They demanded that a law would be made to forbid the school from disciplining their children for their expressive actions.

Tinker v. Des Moines was a case arguing over whether the students were allowed to peacefully protest the Vietnam war in schools by wearing a black arm band with a peace sign on it. The Supreme court decided that they were allowed to peacefully protest because it didn't hinder the students for learning and it didn't lead to criminal activity. This case was one of the most important cases in US history because it was a stepping stone for students to express themselves freely in schools.

In January 1972, Marvin Miller mailed out brochures promoting his commercially owned and operated pornography business. The recipients of his letters did not sign for or agree to have his advertisements sent to them. A local restaurant received four of his books, Intercourse, Man-Woman, Sex Orgies Illustrated…,and were opened by a mother and her son. They immediately reported him to local authorities and Marvin Miller was charged with knowingly distributing obscene matter. His first court appearance was with the Supreme Court where the State of California found him guilty. Miller then appealed his verdict, and filed that the decision violated his first amendment rights.

The 1969 Tinker v. Des Moines court case attested the First Amendment privileges of understudies in school. The Court held that a school region abused the students’ freedom of speech rights when it singled out a type of typical discourse – black armbands worn in dissent of the Vietnam War – for denial, without demonstrating the armbands would bring about significant disturbance in class.

The United States’ attention was captivated on the Supreme Court Case of Powell vs Alabama during the 1930s. During the time period, this case revealed the brutal treatment towards African Americans more than any other event. The case began on March 25, 1931, when a group of young white and African American youths were traveling on a train to find a job. A physical encounter broke out between them and the white youths were thrown out of the train. Then they reported the incident to a stationmaster, who stopped the train. The police arrived to gather the nine African Americans and brought them to jail. Nine young African Americans were recognized as the “Scottsboro boys”. They were accused of rape of two white women on that train. The white jury convicted eight of them, all except one, the youngest at 12-years-old, and were sentenced to death. These youths were falsely charged with raping two white women in Alabama. Although there was no evidence that linked the African Americans to the white women, they were still charged with sexual assault. The two women -- fearing prosecution for their sexual relationship with the white men agreed to testify against the black youths. The Supreme Court Case of Powell vs Alabama is crucial in both Civil Rights history and in the evolution of the Constitution.

One of the most well-known Supreme Cases involving student rights was the Tinker v. Des Moines Independent School District decision of 1969. The verdict quickly became a precedent for many other decisions involving school issues and is very relevant today.

There are many Supreme Court cases in which the court case decision affected society and the accused. Also, many debates about how it affected society and the accused are up in the air. People will either look at it as positive or negative, depending on the person. In some cases, many of the accused actually did something wrong, but yet still got away with the crime. It just goes to show there is a flaw in the court system, but again, a different subject.

The excuse of the school board president was, that the armband policy was aimed so it won’t cause a disturbing influence on the students. However, in the book Illustrated Great Decisions of the Supreme Court by Tony Mauro says “Students and a lawyer for the Iowa Civil Liberties Union reminded the board that other students had been allowed to wear armbands in other situations, such as to mourn the death of people killed in the civil rights movement” (Mauro151). The Supreme Court was asked to reverse the suspensions and to make it illegal to violated the freedom expression of the young youth even in schools. The lawyer argued that students should enjoy the same level of First Amendment protection like adults. Besides, the students, at Des Moines public school, protested without disturbing anyone. In Fact, the students’ protest was a silent expression of opinion by just wearing the armbands (Mauro). According to Illustrated Great Decisions of the Supreme Court “The Court decided that allowing the Tinkers to wear their armbands protesting the Vietnam conflict would not substantially interfere with the work of the school or impinge upon the rights of other students. Wearing the armbands was a silent, passive expression of opinion that did not involve any disorder or disturbance, and was unlikely to cause a material and substantial disruption in the school” (Mauro 151). Also, Teachers and

I think this court case had a really bad reason for being made into a court case. Even though there was a reason they should have found a better one to make a court case. In this court case we somehow argued for five to ten minutes with each argument that the lawyers laid on the table. We then went out and voted for money to be given to the Tinkers and to let them wear their armbands. So now the school should think of how they’re going to treat matters better instead of just kicking kids out for wearing an armband that says what they think of the Vietnam War. So I think that armbands are allowed because they’re armbands why make a big deal out

Tinker v. Des Moines, three students wore anti-war armbands in school to protest the Vietnam War. The students expressed that the school violated their First Amendment and their right to free speech or expression. The school officials claim that the three students disrupted the school education activities by wearing the armbands. “The school officials banned and sought to punish petitioners for a silent, passive expression of opinion” by suspending the students from school (pg.139). Even though they protest silently without disturbing other students. The students took the issue to the court to receive justice for their expression. Tinker v. Des Moines help established student’s first amendments rights in the school system by creating the Tinker test or substantial

"The District Court concluded that the action of the school authorities was reasonable because it was based upon their fear of a disturbance from the wearing of the armbands. But, in our system, undifferentiated fear or apprehension of disturbance is not enough to overcome the right to freedom of expression."

In December of 1965 Mary Beth Tinker, John Tinker, and Christopher Eckhardt were suspended from the Des Moines public school system for wearing black armbands supporting a truce during the Vietnam War (Tinker v. Des Moines Independent Community School District, n.d). Mary Beth and John’s younger siblings, Hope and Paul, also participated in the protest (Tinker v. Des Moines, 2013). Mary Beth, John, and Christopher’s suspension was lifted following the Christmas break when the students’ planned protest ended and they no longer were going to wear the armbands (Tinker v. Des Moines Independent Community School District, n.d). The students’ parents sued the school district on behalf of their children (Tinker v. Des Moines Independent Community