Violating The Student Freedom Of Speech In Des Moines

John and Mary Beth Tinker and their friend Chris Eckhardt wore black armbands to school in Des Moines, Iowa, to protest the war in Vietnam. The student refused to take off armbands and then were suspended. Parent sued the school and said it was a violation of their First Amendment. On the ruling the Supreme Court sided with the students said As long as an act of expression doesn't disrupt class work or school activities or invade the rights of others, it's acceptable.

John Tinker, Mary Beth Tinker and Christopher Echardt all attended the same public school. They decided to wear black armbands to school to protest the Vietnam War. They were asked by the school to remove the armbands but the kids refused to do so. This resulted in the suspension of all three students. Through their guardians, the scholars sued the school region for infringing the scholar’s right of expression and looked for a directive to keep the school from suspending them. The Tinkers took to court. The Tinkers claimed that they were suspended for essentially expressing their views on the war. They thought this move made by the school

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 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.

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.

John and Mary Beth Tinker were public school students in Des Moine, Iowa in December of 1965. The school directly violated and broke their 1st and 14th amendment by making them take off their armbands or get suspended until they agreed to go to school without them on. Tinkers had the right to wear the armbands and the school could not say otherwise

A student group in Des Moines school district met at Christopher Eckhardt’s (a 16 year old student's) home to plan a public display of their support for a truce in the Vietnam War. They decided on wearing black armbands throughout the entire duration of the holiday season, and fasting on December 16, 1965 and New Year’s Eve. The school district created a policy that stated “any student wearing an armband would be asked to remove it,” with refusal to do so resulting in suspension. Eckhardt and Mary Beth Tinker both wore the planned black armbands to school and were sent home, with John Tinker following the next day. The parents of the three students sued the school district for violating their rights of expression.

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 case of Tinker vs. Des Moines demonstrated the need to find a balance for students and staff in schools to have protection under not just the first amendment, but all of them, while still giving schools authority. John Tinker and Christopher Eckhardt wore armbands to school to protest their hostilities for the Vietnam War. They were suspended from the school for wearing them. The school board decided it was too much of a disruption for the school. Eventually the case was then taken to court by the fathers of the protestors. The case Tinker vs. Des Moines is significant even today, for it shows that not always will constitutional rights win in the court of law.

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

Lets talk more about the Tinker case and how it affects today. Mary Beth Tinker, a 13 year old, who wore a black armband to her junior high school to protest the Vietnam War. She was promptly suspended by the school. The Supreme Court verdict says students don’t have to lose “their constitutional rights to freedom of speech

The issue of Tinker v. Des Moines ISD was that students were to wear black arm bands to school in protest of the Vietnam War; however the school warned that anyone wearing the armbands would be would be suspended, but the Tinker children wore their armbands to school (they were the only ones of the group to do so) and were suspended leading to Mr. and Mrs. Tinker filing a law suit claiming that the school violated the children's right to freedom of speech and expression. The court ruled against the school district saying that "students do not shed their constitutional rights at the school house gates. In doing so the court protected what has come to be known as "symbolic speech." In the case of Engle v. Vitale, the Supreme Court ruled that prayers in schools were considered unconstitutional, leading to a ban of all prayers led by teachers in school, even if the prayer was considered voluntary, stating, in a way, that there was some sort of “separation of church and state” which is not true. Lastly, New York Times v. Sullivan focused more on the freedom of the press, ruling that “actual malice” must be proven to support a finding of libel against a public figure.

The American Association of University Professors (AAUP) made a statement “On Freedom of Expression and Campus Speech Codes,” 1994, which states, “In response to verbal assaults and use of hateful language some campuses have felt it necessary to forbid the expression of racist, sexist, homophobic, or ethnically demeaning speech, along with conduct or behavior that harasses…”

Recently, there has been a lot of discussion regarding free speech on college campuses. Our first amendment gives us the right of Free Speech but many groups retain the ability to censor it within their own organisation, such as in the workplace and in both public and private lower education. I believe that the ability should be extended to colleges and universities (both public and private). Students should have the right to be at school while feeling physically safe. An example of this right being violated because of someone else’s “free speech” was last spring at American University in which bananas were strung up on nooses around campus with AKA (a historically-black sorority) labeled on them the day after AU’s first black female student

College is a time when most individuals are experiencing major changes and begin to explore new perspectives. The transition in becoming more independent, creating new insights and peer influence are key factors in changing the perspective of an individual. Students are faced with new ideas from their professors, family and fellow peers. Through that acquired knowledge many students decide that they either agree or disagree with the perspectives that they are taught. Allowing the right of ‘Free Speech’ on public college campuses has become an important issue that many public colleges are starting to address. In college students are capable of