Preview

Tinker V Des Moines Case Study

Good Essays
Open Document
Open Document
807 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Tinker V Des Moines Case Study
May it Please the Court, A seventeen-year old student at Central High School in Bristol, Virginia by the name of Suzie sent her boyfriend, Cyrus, inappropriate photographs of herself. Once the relationship ended Cyrus sent the photographs to upperclassmen boys at their high school. The boys are now noticing Suzie for ways that both Suzie as well as her parents are not okay with. To attempt to eliminate the problem Suzie’s parents included Mrs. Sheevers, the school Principal, in the problem. After Cyrus denied the accusation of sending out the photographs to other boys, Mrs. Sheevers commanded the school officer to search Cyrus’ phone for any trace of the pictures. Not finding the phone, the principal then searched Cyrus’ school locker where she found the phone with the pictures on it. In response to this Cyrus was then suspended for two weeks. Although the Virginia Statehouse Court and the Federal District Courts verdict was that the Bristol School District is not guilty, the appeal at the Supreme Court granted Cyrus a …show more content…
Although students do not lose their rights as they walk through the school gates, their rights are restricted for the safety of others. The court case of Tinker v. Des Moines argues the same issue of the rights of students while on school grounds. “Because the appearance of the armbands distracted students from their work, they detracted from the ability of the school officials to perform their duties, so the school district was well within its rights to discipline the students” (OYEZ). As the armbands distracted students, the inappropriate photos of Suzie distracted upperclassmen from their educational work, which also put Suzie in an uncomfortable position depriving herself the ability to focus 100% on school work. Therefore, the principal was taking away a distraction to discipline the students which can be compared to the case of Tinker v. Des

You May Also Find These Documents Helpful

  • Satisfactory Essays

    When an obscene photograph appeared in the school yearbook, the administration immediately sought a scapegoat for the iniquity. Angry students and parents blamed Dora, the yearbook editor, for not being perspicacious enough to have spotted the photo before the book was sent to the printer. Now, the school must collect the books and return them to the printer to expurgate the photograph. Dora, a junior, vacillated over whether or not she would sign up for the yearbook staff again next year.…

    • 371 Words
    • 2 Pages
    Satisfactory Essays
  • Satisfactory Essays

    In 1965 a group of individuals in Des Moines held a meeting to protest the Vietnam War. The group decided to fast and wear armbands as a sign of there disapproval. The principals of the Des Moines schools heard of the armband protest and adopted a policy banning any student from wearing the armbands at school. Any student caught wearing the armband at school would be asked to remove it, and if he refused he would be suspended until he returned without the armband. John Tinker and several other students decided to wear the black armbands to school and in return they were sent home until they would come back without the armband. The students did not return back to school until after New Years day. The complaint was filed in the United States District Court in which was dismissed due to the constitutional authority of the school to prevent disturbances.…

    • 394 Words
    • 2 Pages
    Satisfactory Essays
  • Good Essays

    Looking at John Cornelly, the plaintiff in this case, I see a young man with a promising future. Cornelly has never been convicted in a court of law of misconduct. Though this is not enough proof of his innocence, it is clear that his conduct was driven by external factors. First, Cornelly has readily admitted that he has had an affair with his class teacher. The latter appeared in criminal proceedings and is awaiting sentencing over rape charges to which she pled guilty. It is clear that Cornelly fell into her trap and this might have been the genesis of his misconduct. Being an adult, the teacher is to blame for the corrupting of this minor. She ought to have protected him from any conduct that was against state law. Cornelly’s possession…

    • 913 Words
    • 4 Pages
    Good Essays
  • Good Essays

    The majority opinion claimed that the principal did the right thing in removing the pages before printing. It argued that it did not violate student’s rights, but on the other hand it protected the parents in the divorce article and the identities in the pregnancy article. By protecting the rights of others, he was also protecting the rights of those individual students mentioned in the articles and the school’s image. The minority opinion claims that the articles removed still represented individual student views. Those who argued the dissenting opinion justified it by expressing concern over what permitting censorship will do in the long run. For instance, if censorship was permitted in this case, it would set a precedent for general student censorship with…

    • 938 Words
    • 4 Pages
    Good Essays
  • Good Essays

    A girl who only went by Maureen was in 7th grade when she found herself having a crush on a boy in her school who was very athletic, cute, and tall. By using Kik, a social media platform, they would connect with each other and talk every day. After talking for several months, the boy asked for the girl to send naked photos. She had said no multiple times although the boy still continued to ask and she finally agreed and sent him 3 photos. He claimed that he would delete them immediately but it was only a few months later after they stopped talking, that she discovered that he never deleted them. The photos had been seen circulating around the school where she was called names like…

    • 1307 Words
    • 6 Pages
    Good Essays
  • Satisfactory Essays

    Goss V Lopez Brief

    • 287 Words
    • 2 Pages

    Public school students from Columbus, Ohio brought this suit. They claimed that their constitutional right to due process was violated. The students were suspended without hearing prior to their suspension. They were suspended for destroying school property but principals can only suspend up to 10 days or expel them. If suspended they must notify parents without 24 hours and give the reasons. Students may appeal to the board of education.…

    • 287 Words
    • 2 Pages
    Satisfactory Essays
  • Good Essays

    Tinker vs. Des Moine

    • 1106 Words
    • 5 Pages

    In 1969, Des Moines Iowa school districts, it was fine to wear the iron cross to support Nazis but it was not okay to wear arm bands to support stopping the Vietnam War. (“Tinker V. Des Moines” 3) When students wore the arm bands they were asked to go home and suspended from school. This set up the case for Tinker v. Des Moines independent school district, a case that would determine the right of free speech for students. This case can be better understood by studying the Des Moines independent schools, students and their policies, examining the decision of the court and, reflecting on how it has influenced society today.…

    • 1106 Words
    • 5 Pages
    Good Essays
  • Satisfactory Essays

    Some people believe that what Des Moines did about the armbands was necessary for the greater good of the students but they were just violating the student’s rights. In an article about the tinker case Judge Abe Fortas wrote, they do not "shed their constitutional rights at the school house gate" (Students’ Right to Freedom of Speech). Just because a student is in school shouldn’t mean that he/she should have to give up their constitutional rights as a citizen of the United…

    • 488 Words
    • 2 Pages
    Satisfactory Essays
  • Satisfactory Essays

    Del Mos

    • 532 Words
    • 2 Pages

    The students were suspended from school for showing their support of the anti-war movement. Wearing the armbands was protected by the First Amendment. It is implied that there are limitations to free speech in a school area, but the principal lacked the reasoning for imposing the limitations in this case. It was not shown that the conduct from the students would substantially interfere with appropriate school discipline.…

    • 532 Words
    • 2 Pages
    Satisfactory Essays
  • Good Essays

    Tinker V. Des Moines

    • 337 Words
    • 2 Pages

    REASON If the defendants were disrupting teachers from while trying to teach and students from learning, then the decision would have been different. Although the District Court said that this type of protest was a form of expression protected under the First Amendment's freedom of speech clause, the Court sided with the school officials, saying that the rule was needed to prevent the disturbance of school activities. The Tinkers appealed their case to the U.S. Eighth Circuit of Appeals, but they lost. The Tinkers decided to appeal the case to the Supreme Court of the United States. The Supreme Court ruled in favor of the students, declaring that the armband protest was protected by the First Amendment right of free speech. The principals lacked justification for imposing any such limits.The principals had failed to show that the forbidden conduct would substantially interfere with…

    • 337 Words
    • 2 Pages
    Good Essays
  • Good Essays

    Matthew Fraser Speech

    • 1289 Words
    • 6 Pages

    Symbols, signs, negative slogans, vulgarities, and racial/ethnic slurs can also be considered a way of exhibiting that First Amendment right. Sometimes these actions, while believed to be allowable in “free speech” can also be considered to be offensive or disruptive to the school environment. In the case, Brogdon v. Lafon, 217 Fed. Appx. 518, 523 (6th Cir. 2007), the school board had numerous documented incidences of racially motivated occurrences that were interfering with the students constitutionally protected right to an education. In the previous year, the school had to be put on lock-down with the continual presence of sheriff’s deputies due to a physical altercation between a white student and an African-American student. A civil rights complaint was made against the school system due to this…

    • 1289 Words
    • 6 Pages
    Good Essays
  • Good Essays

    14th Amendment Essay

    • 473 Words
    • 2 Pages

    The liberties of a citizen is perceived not guaranteed. After 9/11 there was a lack of privacy in the United States government that affect everyday life. While the school own the lockers and the supreme court considers us minors, privacy should be extended to students cellphones and lockers. The fourteenth amendment addresses all citizens the same rights and equal protection of the law including minors. The fourth amendment also states and proves the right of the people to be…

    • 473 Words
    • 2 Pages
    Good Essays
  • Good Essays

    Tinker V Des Moines Case

    • 769 Words
    • 4 Pages

    "It can hardly be argued that either students or teachers shed their constitutional rights to freedom of speech or expression at the schoolhouse gate." This was the main argument from Justice Abe Fortas that came into play at the Tinker v. Des Moines School District Case of 1969. The case involved a small group of students who silently dissented against the government’s policy during the ongoing Vietnam War by wearing black armbands to school. In response by the school administration, each of those students was suspended from the public schools they attended in Des Moines, Iowa. This case is a prime example of the Constitutionally protected symbolic speech we have rights to, and especially to what extent it is allowed in public schools.…

    • 769 Words
    • 4 Pages
    Good Essays
  • Good Essays

    In 1965, a group of students decided to wear black armbands in protest of the Vietnam War. On December 15th, two students, Mary Beth Tinker and Christopher Eckhardt, displayed armbands. The two students were sent home. The day after, John Tinker wore a black armband, and again, was sent home. The parents then sued the school district. The question at hand is whether or not the students’ First Amendment rights are being violated when they are prohibited from displaying armbands, in a public school, in the form of a protest. Both the district court and the 8th Circuit U.S. Court of appeals stated that it was within the schools jurisdiction to suspend the students. The Supreme Court ultimately…

    • 1170 Words
    • 5 Pages
    Good Essays
  • Good Essays

    To illustrate, according to Des Moines Independent School District that took place in 1969, “John and Mary Beth Tinker and their friend Chris Eckhardt wore black armbands to school in Des Moines, Iowa, to protest the war in Vietnam. School officials told them to remove the armbands, and when they refused they were suspended… The Supreme Court sided with the students. Students and teachers don’t ‘shed their constitutional rights to freedom of speech or expression at the schoolhouse gate,’” (Jacobs). This proves how the right to protest is at risk in our society because the students were simply protesting the war in Vietnam peacefully, but the school said they couldn’t when they were allowed to do so. Also, the right to protest is at risk, according to Edwards v. South Carolina, “petitioners, all of whom were black, organized a march to the South Carolina State House grounds… The march was peaceful, did not block pedestrian or vehicular traffic, and was conducted in an orderly fashion on public property; a group of approximately thirty police officers confronted the group and ordered its members to disperse or to submit to arrest… The Court held that the arrests and convictions violated the rights of the marchers” (Oyez). This shows how the right to protest is at risk in our society because as stated above, the protesters held a peaceful protest, which was completely legal, but were arrested for no reason which violated their rights to…

    • 1174 Words
    • 5 Pages
    Good Essays