Investigation Of Tinker V DesMoines
The Gist of this Supreme Court case is:
Mary Beth Tinker, Her Brother John tinker, and her friend Chris Eckardt all wore armbands to school to protest the war in vietnam. The school eventually got wind of their protesting, When they arrived to school the day of December 16. They were asked to take them off, The students righteously refused because of this they were suspended from school. The school claimed that there protest. The students returned to school January 1, 1966 without wearing their armbands. The students argued that this was a violation of their First amendment rights and sued the school which later led to the case being brought up to the supreme court. The students didn't violate any of the rules in the school code. All they did was silently protest the vietnam war by wearing the black bands. Though of course there were some words of discouragement from fellow students, and questions about the band. But overall the silent protest wasn't violate and didn't fight with the school functioning.
This Case Is a violation of the First amendment that states: "Congress shall make no law . . . abridging the freedom of speech."
According to this amendment schools or anything such as congress aren't allowed to make rules that infringe on a persons constitutional right to freedom of speech.
Vote:
7-2
In this case students were accused of protesting, during school time. They were ignored of their first amendment rights, which allowed freedom of speech, then wrongfully suspended from school. The Court Decision was in favor of Mary Beth Tinker and her friends because this case violated their first amendment rights. The supreme court decided to take up they case in 1968, the verdict was the next year in 1969. Many things up for question in the choice of taking this case, are the fact that student first amendment freedom of speech rights, is allowed to commence on public school grounds. Also on what grounds is free speech protected and what typed of free speech is not accepted. An example would be a case in which a student were to commence in hate crimes against another student. Which bring up questions like what type of free speech is protected, and if there is a cause of something that isn't right and no longer is considered free speech. Then what methods should be put into place to protect against negatives attempts of free speech that physically or mentally affect students. As well as what methods should be taken against unconstitutional attempts at free speech.
Mary Beth Tinker, Her Brother John tinker, and her friend Chris Eckardt all wore armbands to school to protest the war in vietnam. The school eventually got wind of their protesting, When they arrived to school the day of December 16. They were asked to take them off, The students righteously refused because of this they were suspended from school. The school claimed that there protest. The students returned to school January 1, 1966 without wearing their armbands. The students argued that this was a violation of their First amendment rights and sued the school which later led to the case being brought up to the supreme court. The students didn't violate any of the rules in the school code. All they did was silently protest the vietnam war by wearing the black bands. Though of course there were some words of discouragement from fellow students, and questions about the band. But overall the silent protest wasn't violate and didn't fight with the school functioning.
This Case Is a violation of the First amendment that states: "Congress shall make no law . . . abridging the freedom of speech."
According to this amendment schools or anything such as congress aren't allowed to make rules that infringe on a persons constitutional right to freedom of speech.
Vote:
7-2
In this case students were accused of protesting, during school time. They were ignored of their first amendment rights, which allowed freedom of speech, then wrongfully suspended from school. The Court Decision was in favor of Mary Beth Tinker and her friends because this case violated their first amendment rights. The supreme court decided to take up they case in 1968, the verdict was the next year in 1969. Many things up for question in the choice of taking this case, are the fact that student first amendment freedom of speech rights, is allowed to commence on public school grounds. Also on what grounds is free speech protected and what typed of free speech is not accepted. An example would be a case in which a student were to commence in hate crimes against another student. Which bring up questions like what type of free speech is protected, and if there is a cause of something that isn't right and no longer is considered free speech. Then what methods should be put into place to protect against negatives attempts of free speech that physically or mentally affect students. As well as what methods should be taken against unconstitutional attempts at free speech.