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Tinker Vs Des Moines Case Study

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A very important case in the history of the United States is the case of Tinker vs. Des Moines. The case decides the issues of symbolic speech and its limits. It displays the right of individuals, including children wherever they are, even school. In this case we see the limits of the first amendment and how far this right extends.
What happened in this case?
One day in 1969 brother and sister John and Mary Beth Tinker wore black armbands to school in protest over the United States’ involvement in the Vietnam War. The school issued a new policy stating that those who wore armbands would be asked to remove it right away. If that student failed to remove his armband, he would be suspended until agreeing to return to school without the armband. The Tinker children and their friend wore the armbands to school and were suspended because they did not remove their armbands. On January 1, 1966, their scheduled day for the end of their protest, the children returned to school. Their fathers filed suit to United States District Court. The U.S. District Court recognized their right to free speech but did not issue an injunction because the school’s actions were reasonable because of possible disruptions from the students’ protests. The fathers appealed to the Court of Appeals which ended with a …show more content…
The Tinkers won the case with a vote favoring them 7-2. Under the first amendment of freedom of speech, students may display their freedom of speech even in school. Student expression was to be regulated for good reasons by school officials. Expression could not be displayed if it would cause “material and substantial disruption” of the function of the school. The Tinker armbands were found to not “substantially interfere with the work of the school or impinge upon the rights of other students.” The Supreme Court thought that the wearing of armbands was a “silent, passive expression of opinion” and didn’t cause any loud, riotous

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