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Court Case Study: Tinker V. Des Moines School District

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Court cases
The first court case being discussed is Bethel School District v. Fraser in 1986. What happened includes Matthew Fraser using obscene sexual references in a speech in front of 600 students at a school assembly and being punished. The question in the case was whether the First Amendment protected students from being punished at school for using lewd speech. The court said no the First Amendment does not protect a student from being punished ("Bethel School District No. 403 v. Fraser." Oyez, 5 Apr. 2018, www.oyez.org/cases/1985/84-1667). Ultimately I agree with this court decision on the basis that the school has the right to enforce their rules to maintain order in the learning environment.
The second court case being discussed …show more content…
Des Moines School District in 1969. In this case the court discussed whether the Des Moines School District has the right to prohibit students from wearing black arm bands to protest the Vietnam War. The court ruled in favor of the students claiming that the armbands represented symbolic speech which is protected under the First Amendment’s free speech ("Tinker v. Des Moines Independent Community School District." Oyez, 5 Apr. 2018, www.oyez.org/cases/1968/21). I agree with the courts decision, because the students were breaking a rule that was put in place to specifically prevent the students from expressing their political …show more content…
Mergens in 1990. In this case the court discussed whether the school could deny the formation of a “Christian club” under the First Amendment’s no establishment of a religion. This came about when the school denied the formation of the club because the students did not have a faculty sponsor. The students claimed they were under the protection of the Equal Access Act, therefore the court was deciding whether the Equal Access Act was unconstitutional. The court ruled that since the club was non-curricular and since other non-curricular clubs were allowed the students were allowed to create the club under the Equal Access Act, meaning the Equal Access Act was not unconstitutional in violating the First Amendment ("Board of Education of Westside Community Schools v. Mergens By and Through Mergens." Oyez, 5 Apr. 2018, www.oyez.org/cases/1989/88-1597). I agree with the courts decision, because the students have the right under the Equal Access Act to form a club like the other

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