What happened in the Tinker v Des Moines case?
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What happened in the Tinker v Des Moines case?
In a 7-2 decision, the Supreme Court’s majority ruled that neither students nor teachers “shed their constitutional rights to freedom of speech or expression at the schoolhouse gate.” The Court took the position that school officials could not prohibit only on the suspicion that the speech might disrupt the learning …
What were the armbands a protest for?
Tinker v. Des Moines is a historic Supreme Court ruling from 1969 that cemented students’ rights to free speech in public schools. Mary Beth Tinker was a 13-year-old junior high school student in December 1965 when she and a group of students decided to wear black armbands to school to protest the war in Vietnam.
What was the outcome of the Tinker case in 1969?
In 1969 the United States Supreme Court ruled in a 7-2 decision in favor of the students. The high court agreed that students’ free rights should be protected and said, “Students don’t shed their constitutional rights at the school house gates.”
How did the court distinguish between its decision in the Tinker case and the present case?
The court distinguished its decision between the Tinker case and the Hazelwood case because Tinkers case gave students the right to express their political opinions about the Vietnam War and Hazelwood was a part of the school curriculum for teaching and learning.
What amendment did Tinker v. Des Moines violate?
the First Amendment
The Supreme Court ruled that the armbands were a form of symbolic speech, which is protected by the First Amendment, and therefore the school had violated the students’ First Amendment rights.
Why did black armbands protest the Vietnam War?
They wanted school officials to end the ban on armbands. They said the ban violated students’ rights of free speech. students wore the armbands to show their disapproval of the Vietnam War and their support of a truce. The students did not interrupt school activities.
What does it mean to wear a black armband?
in mourning
In Western culture, a black armband signifies that the wearer is in mourning or wishes to identify with the commemoration of a family friend, comrade or team member who has died.
Was the Tinker v. Des Moines case affirmed or reversed?
The district court dismissed the case and held that the school district’s actions were reasonable to uphold school discipline. The U.S. Court of Appeals for the Eighth Circuit affirmed the decision without opinion.
Why does wearing armbands fall within the protection of the free speech clause?
The Supreme court held that the armbands did represent symbolic speech that is entirely separate from the actions or conduct of those participating in it.
Which Supreme Court case held that the act of burning a flag is protected speech under the First Amendment?
Texas v. Johnson
Facts and case summary for Texas v. Johnson, 491 U.S. 397 (1989) Flag burning constitutes symbolic speech that is protected by the First Amendment.
What was tinkers argument?
In Tinker v. Des Moines Independent Community School District, 393 U.S. 503 (1969), the Supreme Court ruled that public school officials cannot censor student expression unless they can reasonably forecast that the speech will substantially disrupt school activities or invade the rights of others.
What was the school’s response to the students wearing the black arm bands?
School officials announced that students who wore armbands had to remove them or face suspension. The Tinker siblings and Eckhardt refused to remove their armbands, and the district suspended them until their protest ended. Photograph of college-aged students marching, holding signs saying “End the War Now!
Why did the school prohibit the wearing of the armbands?
The Court held that a school district violated students’ free speech rights when it singled out a form of symbolic speech – black armbands worn in protest of the Vietnam War – for prohibition, without proving the armbands would cause substantial disruption in class.