Preview

The Tinker Vs. Des Moines Case

Satisfactory Essays
Open Document
Open Document
136 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
The Tinker Vs. Des Moines Case
The Tinker vs Des Moines case is a land-mark case in upholding the rights of school children, and their freedom to express their opinions and views. Many have heard of the case, while others are unaware of its existence. The real conflict however is whether the defendants, John and Mary Beth Tinker were right or wrong. In December of 1965, the Tinker siblings decided to wear black armbands with peace signs on them to protest America’s involvement in the Vietnam War. After getting suspended from school, The Tinkers brought the case to the U.S. District Court, which raised the question: Were their rights violated? The answer is obvious. The school was incorrect in their actions, and the Tinkers rights were impeded upon because they did not cause

You May Also Find These Documents Helpful

  • Good Essays

    State V Metzger (Brief)

    • 337 Words
    • 2 Pages

    Defendant was seen naked with his arms at his sides from the thighs on up at his apartment window by another resident. Resident notified police on the act. The officers testified that they observed Metzger standing within a foot the window eating a bowl of cereal and that they also, seen that his body was nude from the mid-thigh on up. The defendant’s case was dismissed.…

    • 337 Words
    • 2 Pages
    Good Essays
  • Satisfactory Essays

    Facts: Clarence Brandenburg, a leader of an Ohio affiliate of the Ku Klux Klan, asked a reported to attend a KKK rally and cover the event. The reporter attended with a camera crew and filmed the rally that took place. Twelve white hooded figures, including that of Brandenburg’s, were seen with a wooden cross that was burned, and Brandenburg the said, “We’re not an revengent organization, but if our President, our Congress, and our Supreme Court, continues to suppress the white, Caucasian race, it’s possible that there might have to be some reveangance taken. He then also made some remarks regarding the African and the Jews. Clarence Brandenburg was arrested by the Ohio authorities and was convicted,…

    • 276 Words
    • 2 Pages
    Satisfactory Essays
  • Good Essays

    Presser V. Illinois was a landmark Supreme Court case in 1816. Herman Presser was part of a Citizen’s militia group, called the Lehr und Wehr Verein. They were a group of armed ethnic German Workers, they had formed in order to counter the armed private armies in Chicago. Herman Presser was indicted for arming a private army without having a license from the Governor. However, his charges were later sent to the U.S Supreme Court. Therefore after reviewing the case, and hearing Herman Presser’s testimony. The Supreme Court ruled in a 9/0 majority. The Supreme Court Stated “Unless restrained by their own constitutions, state legislatures may enact statutes to control and regulate all organizations, drilling, and parading of military bodies and…

    • 142 Words
    • 1 Page
    Good Essays
  • Good Essays

    Bethel V Fraser

    • 663 Words
    • 3 Pages

    On April 26, 1983, Matthew Fraser gave a speech nominating another student for an elected position. The speech was given to about 600 fourteen year olds that chose to attend this assembly. The speech contained sexual innuendo. Before giving the speech Fraser received advise from several teachers that he should change the speech or not give one at all. But he refused to take their advice (2). The next day, he was called in to an administrative office and was suspended for three days and was told he would not be able to give his speech during graduation even though he was at the time the salutatorian. The family of Fraser filed a grievance with the Pierce County school board, but the officer upheld the suspension. In response, to that decision Matthew’s father filed a case against the school district. The District Court ruled that the student’s First Amendment right was infringed upon. The students was awarded a monetary judgment and allowed to give his graduation speech. Later, the Court of Appeals for the Ninth Circuit affirmed the judgment of the District Court (4). Later, the US Supreme Court reversed the Court of Appeals in a 7-2 vote to reinstate the suspension, saying that the school district's policy did not violate the First Amendment (3).…

    • 663 Words
    • 3 Pages
    Good Essays
  • Good Essays

    It was determined in the case of Witherspoon v. Illinois, 391 U.S. 510 (1968) that upon the trail and conviction of said name petitioner for murder was sentenced to the death penalty. However their was challenge for cause based on an Illinois statute, that allows for any individual juror member that when question at the point of being accepted as potential jurors. If it is determined that he or she would rule in favor of the death penalty, or even rule against the death penalty. The prosecution would be permitted to exclude the prospective jurors for cause with out investigating the determining factor of an impartial ruling. So the supreme court denies the defendant after he…

    • 614 Words
    • 3 Pages
    Good Essays
  • Good Essays

    However, after viewing North Fargo High School’s student handbook, Mr. Renville’s senior portrait clearly violated the school guidelines which state: “No student will knowingly possess, handle, carry, or transmit any weapon or dangerous instrument in any school building, on school grounds, in any school vehicle or at any school-sponsored activity.4” .The image Renville provided clearly violates the school guidelines and does not pass the “Tinker Test”, therefore the ruling delivered in Tinker v Des Moines independent Community School District does not apply to the supposed infringement on Renville’s freedom of speech…

    • 815 Words
    • 4 Pages
    Good Essays
  • Good Essays

    The 3 minors that were involved in the Tinker v. Des Moines followed the law and that the school had no rights punish students from expressing their view.…

    • 499 Words
    • 2 Pages
    Good Essays
  • Good Essays

    The case Miller v. California (1973) was determined by the Supreme Court, which redefined the meaning of obscenity. The word obscene is hard to define and could be seen as…

    • 329 Words
    • 2 Pages
    Good Essays
  • Powerful Essays

    This Court held that student expression may not be suppressed unless school official reasonably conclude that it will “… materially and substantially interfere with the requirements of appropriate disciple in the operation of the school.” Tinker at 513 (1969). The problem posed by the case at bar relates to the level of disruption caused by the production of the parody profile. If there is any sense of disruption, the school would have to believe that there was “substantial” interference. The profile page was widely viewed by students outside of the school and by students on their personal cellphones while at school. The viewing of the profile outside of school did not cause any disruption to the operation of the school. There is no indication that the viewing of the profile during school disrupted the work of the school or any class. Tinker displayed that the Petitioners went about their day completely normally. The only change was the black band on their sleeves. They neither interrupted school activities nor disrupted in the school’s operation. Tinker concluded that, “In the circumstances, our Constitution does not permit officials…

    • 1938 Words
    • 8 Pages
    Powerful Essays
  • Better Essays

    June 21, 1989 marks the day of a landmark 5-4 decision of the United States Supreme court. The Court said that Gregory Lee Johnson’s burning of the American flag was protected expression under the First Amendment. They found that Johnson’s actions were expressive conduct, and had a distinctively political nature. Even though an audience of people takes offense to certain ideas or expression that they detest, the Court found that it does…

    • 1218 Words
    • 5 Pages
    Better Essays
  • Better Essays

    Justice Fortas uses a tangible measurement of the lack of physical confrontations as evidence for the student’s protest not being disruptive. In Justice Black’s Dissent the evidence provided is that the student’s minds were clearly distracted from their schoolwork judging by the report, but this is not only impossible to quantify and subjective to the students, teachers, and judges, it’s also almost certainly not an absolute constant throughout the student body. Justice Fortas’ next point is that the court has previously held that students retain their rights while on school grounds. Justice Black specially criticizes this point, arguing that the cases Justice Fortas cites to come to his conclusion are irrelevant to this case or inadequate as a whole, and that students do not have full rights in the special environment of a school. He ties this in to the idea that schools are environments where students should be the recipients of knowledge, and not platforms for students to express their political views. As student rights are a hotly contested topic both Justice’s arguments are largely rooted in their own opinions, but by general consensus and the manner by which schools promote themselves, it is a platform for students to freely express themselves and, by extension, their thoughts and opinions. The final point of contention between the Majority and Dissent are Justice Fortas’ conclusion that controversial speech leads to a prosperous America and Justice Black’s connection between giving the students too much leeway in schools and large amounts of youth crime. Justice Fortas writes that it’s off of these clashing opinions that are being fostered in the children of America from which America is independent and full of vigor. Justice Black arrives at the opposite conclusion. He writes that allowing students to blatantly defy authority like this they will lead to them to add to…

    • 1188 Words
    • 5 Pages
    Better Essays
  • Good Essays

    Dress Codes In Schools

    • 868 Words
    • 4 Pages

    This lawsuit is just one of many. “[I]n North Carolina, a principal told students that he wouldn't allow "gay, fine by me" T-shirts in his school. A New Jersey school banned a T-shirt with the word "redneck." And so it goes around the nation.” (Haynes). These lawsuits and more are reminders of the Tinker v. Des Moines case, but on a much smaller scale.…

    • 868 Words
    • 4 Pages
    Good Essays
  • Good Essays

    Educational Law

    • 793 Words
    • 4 Pages

    Breaking down the first case of Stew Starr at Caldwellia High School his provocative web page advocating the recreational use of illegal drugs by students was clearly something that did not belong in the educational environment. In the landmark decision of 1969, the U.S. Supreme Court in Tinker v. Des Moines Independent Community School District declared that students “shed their constitutional rights to freedom of speech or expression at the schoolhouse gate.” Although Stew Starr’s website and statement are recognized under the freedom of speech law it does not induce or maintain an appropriate environment for learning and safety. In order for this to be upheld, although not covered by the law, some of the best practices that school officials can partake in is to adopt policies that are legally and educationally aligned to ensure the educational purpose. Furthermore these policies should be clearly written, communicated, and enforced in a fair and legal manner. In the next situation, Stew Starr threatens fellow student Clark Clean after Clark Clean states his negative sentiments towards the website. Disciplinary action should be enforced for the threat and even more so for the attack on Clark Cleans physical person. He further continues to induce violence and humiliation when he dumped the lunch tray on his head. Those are immediate grounds for disciplinary action for engaging in behavior that is dangerous and offensive according to school policies. With regard to Terry Teacher’s comment, “Stew Starr is a miserable student who does nothing but cause problems to everybody in the school.” Although unprofessional and unnecessary in the educational setting, the teacher’s statement would have been upheld by the law based off the case Pickering v. Board of Education of Township High School District 205, in which the decision sided with the teacher’s freedom of speech. According to NJ Statue 18A:36-19.2.…

    • 793 Words
    • 4 Pages
    Good Essays
  • Satisfactory Essays

    In the Greynolds v. Kurman case, I agree with the court’s decision. “There was sufficient evidence to support a finding of lack of informed consent” (Pozgar & Santucci, 2015, p. 339). When I read the case it seemed like the physicians did not put any effort in explaining the complete picture, including the Greynolds options, and letting them decide what they wanted. By law, “when there is doubt as to a patient’s capacity to consent, the consent of the legal guardian or next of kin should be obtained” (Pozgar & Santucci, 2015, p. 337). Mrs. Greynolds was readily available to sign consent if that is what she decided to do. “There are a variety of consent forms designed to more specifically describe the risks, benefits, and alternatives of…

    • 269 Words
    • 2 Pages
    Satisfactory Essays
  • Satisfactory Essays

    Facts: Great Minneapolis Surplus Store (D) published advertisements in a newspaper for a sale on fur coats, mink scarves, and a lapin stole. Each of the advertisements indicated that the sale items would be sold on a first come first served basis, stated the quantities of each item available, and stated that they would be sold for one dollar each. Lefkowitz (P) was the first customer to present himself and offer the one dollar price per the terms of the advertisement. The defendant refused to sell the sale items to Lefkowitz and told him that according to the “house rules” the offer was intended for women only.…

    • 289 Words
    • 1 Page
    Satisfactory Essays