I Want To Wear Black Armbands In Des Moines, Iowa

I Want To Wear Black Armbands In Des Moines, Iowa
What if you were suspended from school because of something you were wearing? Not only was the
clothing or item appropriate, it was something you were fighting for or something you believe is
right. Is this fair or okay for this to happen? There is a specific incident that this situation happened
to a few teenagers in Des Moines, Iowa in December of 1965. A group of students wanting to wear
black armbands throughout the holiday season was in for a wake up call. (FORTAS) These plans
and or idea were quickly shot down by the high school principals. The principals caught wind of the
teen's plan, so there was a meeting a few days beforehand. The talk of the meeting was to ensure the
teens that if they were to wear the black armbands a few ... Show more content on Helpwriting.net
...
If students were shouting and protesting in classrooms, the school would be able to step in because
it causes other students to be distracted from their schoolwork." (CALAGNA)
Has freedom of speech changed since then? Some schools nowadays punish kids for online social
media comments. (WHEELER) For example, if a student posts something on Facebook, and another
kid comments on that status with a rude remark, the kid who posted it could take that to the
principal's office and the kid who commented on it could get in trouble. Some could say it was
cyber–bullying, some could say it was just a witty/rude remark, not meant to be taken seriously. Is
this a violation of free speech/expression? Another reason school authority figures have a lot of
power over whether or not a student gets in trouble for what they say, posts, or wears, is that the
school can discipline a student just because they personally or morally did not like the
comment/post. Most of the time, the kids that get in trouble for something they post are in their own
home, on their own laptop, during their free time outside of school. So why does the school have so
much power over these situations the majority of the time? "The digital age, with its wonderful
capacity to democratize speech, is so important to students' rights, but also carries new and
interesting threats to students' rights," Tinker says. "If we don't encourage young people to use their
... Get more on HelpWriting.net ...

Cyberbullying Happened At Markesan Middle School
Bullying is any kind of repeated aggressive, mean, or hurtful behavior that scares or upsets someone
else, sometimes to the point of suicide. It is spreading rumors, posting inappropriate pictures, verbal
threats, even excluding someone on purpose. Bullying can happen to anyone, it can be in person or
online, and it is always serious.
Schools struggle to appropriately address negative online behaviors committed by students while
trying to avoid any civil liability when it comes to cyberbullying. A recent incident of cyberbullying
occurred at Markesan Middle School. One student took a photo during gym class using the social
media application SnapChat, and tagged it using an inappropriate word to describe the girl in the
photo. Once "snapped" and sent, another student captured a screenshot of this snap and made
administration aware of the post. The students' use of social media to insult another student provides
a basis for examining any First Amendment arguments of both the creator and victim of the post.
State Statutes and District Policies on Cyberbullying
This was ... Show more content on Helpwriting.net ...
Amanda communicated via social media and became a victim of cyberbullying. She moved,
changed schools three times, suffered from depression, anxiety. Had been stalked, beaten, threatened
and humiliated. She turned to drugs, alcohol and cutting herself and unsuccessfully committed
suicide twice. In September 2012 she made a documentary on YouTube called "MyStory:
Struggling, bullying, suicide, self harm": Amanda's YouTube video to make others aware of what
happens on social media when pictures or words go out, you can never get them back. On October
10, 2012 Amanda was successful this time (Real Life Stories). Having examined the First
Amendment arguments of students charged with cyberbullying, this paper will now look at
Markesan School District's First Amendment

Case Study: Tinker V. Des Moines Independent Community...
This Supreme Court case involved First Amendment and Fourteenth Amendment rights. Tinker v.
Des Moines Independent Community School District involved three public school students
(petitioners) in Des Moines, Iowa who were suspended from school, because they wore black
armbands in protest of the government's policy in Vietnam. The petitioners sought damages and an
injunction against the regulation preventing them from wearing the armbands. Their complaint was
dismissed by the District Court on February 24, 1969, because the Court determined that the
regulation was within the authority of the Board's power though there was no proof that the
behavior had "materially and substantially" interfered with the school's ability to conduct school
activities. ... Show more content on Helpwriting.net ...
I further believe that in order to teach children, school districts need a certain amount of authority
and structure to keep students safe and effectively teach them. School districts need to provide a
positive learning environments that includes free speech for both students and teachers for optimum
learning. However, I have concerns that school regulations could have far reaching affects not
originally intended and when school's regulations are not applied equitably. I agree with the
Supreme Court's descending decision in this case and the District Court's decision that the action of
the school authorities was reasonable.
The Supreme Court held that while wearing black armbands, the petitioners had been quiet, passive,
non disruptive and their behavior did not infringe on others' rights. The Court held that 1.) The
student's conduct was within the protection of the Free Speech Clause of the First Amendment and
Due Process Clause of the Fourteenth Amendment. 2.) First Amendment rights are available to both
teachers and students while at school, but subject to application in view of special characteristics of
the school environment. 3.) That the school could not

Student 's Expression Of Religious Beliefs Within The...
Eventually, teachers, in the public school system, will find themselves in the crosshairs in the debate
over a student's expression of religious beliefs within the classroom. What should a teacher do if a
student decides to submit an essay on Jesus as their hero accompanied by a drawing of the Last
Supper? Should the teacher accept the student's submission? If so, will the assignment be displayed
on the classroom wall? By investigations the students' religious rights under the First Amendment,
coupled with the evaluation of the assignment, and the teacher's practice of displaying student's
work in the classroom will reveal the predicament that the instructor will find themselves in. A
student may submit an assignment with religious content if the material coincides with the
parameters of the given assignment. In this case Jesus as a hero falls within the criteria if the student
provides information to support their claim. Plus, they refrain from using the assignment to
proselytize. According to Tinker v. Des Moines School District, the Supreme Court declared that
neither teachers nor students "shed their constitutional right to freedom of speech or expression at
the schoolhouse gate" which affirms the students First Amendment rights (Tinker v. Des Moines
School District, 1969). The Supreme Court reiterated the student's right to express religious belief
when the court stated "private religious speech, far from being a First Amendment orphan is fully
protected under

Analysis Of Tinker V Moines
This article emphasizes the First Amendment and its limits. In this article, there are many examples
and cases that involve the First Amendment and how it is used. In Tinker v. Des Moines, John
Tinker and some fellow students that attended Des Moines public school were suspended for
wearing black armbands to school. They wore the armbands to protest the Vietnam War. The school
district was afraid of the outcome of the students wearing the armbands rather than acknowledging
their freedom of speech The students then brought a suit against the school saying that the
suspension violated their rights of freedom of speech. The case was appealed to the Supreme Court.
The Supreme Court decided that the students did nothing wrong. They silently expressed

Tinker V. Des Moines Independent Community Schools Case Study
Tinker v. Des Moines Independent Community School District
Maggie Anderson
EDL 606 Judicial and Ethical Considerations
April 25, 2015
William Carey University
Tinker v. Des Moines Independent Community School District
Introduction of Case: In the Tinker v. Des Moines Independent Community School District case,
three students, John F. Tinker, Christopher Eckhardt, and Mary Beth Tinker were all suspended from
school for wearing black armbands to school to protest the United States involvement in the
Vietnam War. The three students who had been suspended from school filed a claim stating that the
banning them from wearing the armbands and the suspension was against their Constitutional right,
under the First Amendment (Tinker ... Show more content on Helpwriting.net ...
86). The Supreme Court ruling in the Tinker v. Des Moines Independent Community School District
set the standard for protection of students' First Amendment rights. Many cases that have utilized
the ruling of this case have been in cases that dealt with student freedom of speech. Even though
this case dealt with students wearing armbands in protest of the Vietnam War, the standard was set
for students in dealing with publications, yearbooks, and newspapers as well (Tinker v. Des Moines
Independent Community School District

The President Is A Terrorist
Petitioner Frederick Flynt, a 12th grade student residing in rural South Carolina attends Liberty
High School. This rural school of 400 students knows Flynt as someone willing to test school policy
at his own sacrifice. Describing himself as a "button–pushing anarchist–ish civil libertarian," Flynt
is occasionally getting into trouble with school authorities for furthering his civic engagement with
school policy and politics. His keenness for politics and constitutional school policies has led him
again into more trouble. During Flynt's senior year, he was suspended from school for actions
deemed in violation of school policy. His suspension was received after wearing a shirt to school
with the writing, "the president is a terrorist." Using their judgment and guidance from the Liberty
High School's dress code, school administrators suspended Flynt for two days after he refused to
remove the shirt. School administrators believed that because his shirt said the president was a
terrorist the education mission they aimed to promote would be disturbed and that his shirt would
promote discrimination or racism. No evidence suggests that a disturbance occurred amongst his
peers or faculty as a result of his actions. While serving his first suspension Flynt constructed and
attached a 4'x4' sign that read "Obamerrist" to the back of his car. When he returned to school with
the sign attached to his car school officials asked him to remove the sign or remove his car from the
school

Case Study: Tinker V. Des Moines Independent School District
In the Tinker V. Des Moines Independent community school district case students were involved in
a silent protest against the Vietnam war. The school tried to prevent the students from protesting by
telling them that if they wore their black armbands they would be suspended until they agreed to
take them off. The U.S. District Court sided with the school saying that the bands could disrupt the
children from their work. The students appealed the case to the Court of Appeals but lost. They then
took their case to the Supreme Court (Tinker V. Des Moines Independent School District). The U.S.
Supreme Court ruled 7–2 in favor of the students. The court agreed that the student's rights should
be protected and that 'students do not shed their constitutional

The Importance Of Freedom Of Speech
In large, freedom of speech is protected in the first amendment, and in several court cases it has
been upheld that hate speech is also protected. So, a person can essentially say whatever they wish,
if someone gets offended that is their problem, some argue this is one of the reasons why America is
so great. Although, there are some exceptions to this amendment when public schools are involved.
In this case it was a public university the students were attending, and the posters were on campus
grounds, so these exceptions to the Amendment apply. The first case to be examined is Tinker v. Des
Moines, a very famous case. This case was on trial in 1969, three students in a public high school
were suspended for silently protesting the Vietnam war, by wearing black armbands. The Supreme
court did rule in favor of the students, saying that under the first and fourteenth amendments
students should be allowed to exercise their freedoms at school. However, Justice Abe Fortas wrote
the opinion, in which he stated, "conduct by the student, in class or out of it, which for any reason
–– whether it stems from time, place, or type of behavior –– materially disrupts classwork or
involves substantial disorder or invasion of the rights of others is, of course, not immunized by the
constitutional guarantee of freedom of speech" (393 U.S. 503 [1969]). Justice Fortas sighted there is
room for a loophole within the first amendment, if a student(s) is negatively affected in their
academics, creates disorder, or if it infringes on their rights. The Jewish men at the University
should be able to freely observe being Jewish, without having another student heap stereotypes on
them and associate negative feelings with the religion. This is in violation of freedom of religion and
it may cause other students to stigmatize the religion as a whole. Thus causing prejudices within the
classroom or around campus.
Another case where freedom of speech was questioned was Dunn v. Leath. This case was on trial in
2016, the students at Iowa State University were required to sign a speech code, that prohibited
statements other students might not deem legitimate. One student refused to certify compliance with
those policies, and the administrators

Cyberbullying And Tinker V. Des Moines Independent...
Cyberbullying and Tinker Cyberbullying is prevalent in today 's society due to the abundance of
teenage students having access to the internet either on campus or off of campus. Bullying over the
internet is thought of being done by students against students. Although this is true, there are many
instances where students use the internet to voice their opinions about teachers and administrators in
which the language is vulgar, lewd, and demeaning. As of 2015, all states in the United States,
except for Montana, have enacted policies that deal with bullying by using an electronic device.
However, in many of the previous court cases, the rulings have been linked to a Case Law that was
made in 1969. "Tinker v. Des Moines Independent Community School District is frequently
recognized as being the first case to protect students ' First Amendment rights at school. By ruling
that it was within Iowa high school students ' First Amendment rights to protest Vietnam by wearing
armbands at school, the Court established that students do not shed their Constitutional rights at the
school gate, with the exception of behavior that could cause "substantial disturbance" to the school
environment" (Eaton, 2014). The Supreme Court has not yet made a ruling on a case dealing with
cyberbullying and the internet; therefore, it must rely on Case Law from before the internet era to
make decisions involving students ' freedom of speech. This is where cyberbullying and

The Tinker Vs. Des Moines Case
United States is one of the few nations that guarantees and protects freedom of expression of its
citizens. Freedom of expression is defined as a right to voice ones beliefs and ideas without any
harm. Under the Bill of Rights, the government has no power to restrict these unalienable rights.
The First Amendment is exceedingly important to the liberty and freedom of individuals. It
guarantees citizens the ability to express themselves, worship, voice their opinions, and rally to
situations they disapprove of and want to be heard. A great amount of laws and cases pertain to
adults and their freedom. It is often unrealized that adolescents and teenagers endure the same issues
in their lives.
The Tinker vs. Des Moines case helped determined and interpret legal rights of young citizens for
the first time. A group of students made a decision to wear black armbands to school to support a
peace establishing agreement during the Vietnam War. As a result, the participating students; Mary
Beth Tinker, Christopher Eckhardt, and John Tinker got suspended for their actions (Tinker v. Des
Moines Independent Community School District).The school outlawed and attempted to penalize
petitioners for a "silent, passive expression of opinion", that didn't cause any commotion (Tinker v.
Des Moines Independent Community School Dist). The parents decided to sue the school for
disrespecting the student's constitutional rights of expression.
The court decision was in favor of the students and

Tinker Case Summary
The students in Tinker were wearing black armbands in school to protest the Vietnam War. Tinker v.
Des Moines Indep. Cmty. Sch. Dist., 393 U.S. 503, 504 (1969). School officials suspended students
when they refused to remove the bands because they believed they would provoke classroom
disruptions and violence, though none had occurred at that point. Id. The Supreme Court held in
Tinker that the schools could not prohibit the expression of an unpopular opinion unless such
prohibition "is necessary to avoid substantial interference with schoolwork or discipline." Id. at 511.
The students in Tailor by contrast were protesting the United States' response to 9/11 and began
throwing paper and water bottles around the classroom during their protest.

Tinker Vs Moines Case Study
Tinker v. Des Moines, three students wore anti–war armbands in school to protest the Vietnam War.
The students expressed that the school violated their First Amendment and their right to free speech
or expression. The school officials claim that the three students disrupted the school education
activities by wearing the armbands. "The school officials banned and sought to punish petitioners
for a silent, passive expression of opinion" by suspending the students from school (pg.139). Even
though they protest silently without disturbing other students. The students took the issue to the
court to receive justice for their expression. Tinker v. Des Moines help established student's first
amendments rights in the school system by creating the Tinker test or substantial ... Show more
content on Helpwriting.net ...
Watson Chapel School District that won based on the support of the Tinker test.
Symbolic speech is a form a freedom of speech. As citizens they were just expressing their views in
a public setting, which is protected by the First Amendment. "Symbolic speech is non–verbal
communication used to express or convey a specific message or idea" (Coleman, "Symbolic Speech:
Definition & Examples"). The school officials judge the students by limiting the student's speech
because they did not agree with their views on the war. In the case study, Tinker v. Des Moines
Independent Community School District., the school prohibited the wearing of the black armbands
when it" exhibit opposition to the nation's involvement in Vietnam", but "the school authorities did
not purport to prohibit the wearing of all symbols of political or controversial significance"
(pg.139). Since the Tinkers were students in a public school that the Supreme Court consider a
limited public form. Public forms are designed for people to express their views, but in a limited
public form

In Tinker v. Des Moines Independent Community School District, a group of high school students in
Des Moines, Iowa wanted to show their opposition to the deployment of U.S. troops in Vietnam,
and decided to wear black armbands during the holiday season. The school system found out about
the student's plan to wear black armbands, so the principals of the Des Moines schools adopted a
policy that required students to remove the armbands or be suspended until the student would return
to school without the band. Several students, including John Tinker, wore armbands and were
suspended from school. As told by the United States Courts, the parents of the suspended students
sued the school district because they believed the school district violated the students rights to free
speech. The parents lost in the Court of Appeals, and went to the Supreme Court. The Supreme
Court ruled 7–2 in favor of the students on February 24, 1969, because, "Students don't shed their
constitutional rights at the school gates." (United States Courts) In Bethel School District v. Fraser,
Matthew Fraser made a speech in front of an assembly of students in which he nominated a fellow
student for a class election. In his speech, ... Show more content on Helpwriting.net ...
It also did not want to create a concrete rule punishing students for their actions outside of school,
which is where this case differs from Tinker or Fraser. In my opinion, the Supreme Court should
have kept the student's suspension, because this could be considered cyber–bullying, which is
against the law, so, in my opinion, the student was rightfully punished for their actions. However, I
understand why the Supreme Court declined to consider the case, as the profile was made outside of
school, and the only connection it had to school was that it was about the

Tinker Vs. Des Moines
Case Name: Tinker vs. Des Moines (1969) Facts of the case: In December of 1965, a group of Des
Moines students held a meeting at 16–year–old Christopher Eckhardt's house to plan a public
showing of their support for a truce in the Vietnam war. They came to the decision that they would
wear black armbands during the holiday season and fast on December 16 as well as New Year's Eve.
When the principals of the Des Moines school learned about the plan, they met on December 14 to
create a policy stating that any student wearing an armband would be asked to remove it, and would
be suspended if they refused to do so. On December 16, Mary Beth Tinker and Christopher
Eckhardt wore their armbands to school and were consequently sent home. The next day, John
Tinker did the same thing, and was also suspended. The students did not come back to school until
after New Year's Day, the planned end of the protest. Lower court verdict: The 3 teenagers ended up
filing a Civil Rights lawsuit in federal court through their fathers, asking the court to issue an
injunction that would bar the school system from further disciplining students in the same situation
as well nominal damages. The district court sided with the school board, deciding that the school's
fear of this protest causing disruptions of school discipline was within reason. The Eight Circuit
Court of Appeals upheld this ruling on an evenly divided vote. The students ended up bringing their
case to the Supreme Court after that.

The Battle Over The Religious Homework
The Battle Over the Religious Homework Eventually, teachers, in the public school system, will
find themselves in the crosshairs in the debate over a student's expression of religious beliefs within
the classroom. What should a teacher do if a student decides to submit an essay on Jesus as their
hero accompanied by a drawing of the Last Supper? Should the teacher accept the student's
submission? If so, will the assignment be displayed on the classroom wall? By investigations the
students' religious rights under the First Amendment, coupled with the evaluation of the assignment,
and the teacher's practice of displaying student's work in the classroom will reveal the predicament
that the instructor will find themselves in. A student may submit an assignment with religious
content if the material coincides with the parameters of the given assignment. In this case Jesus as a
hero falls within the criteria if the student provides information to support their claim. Plus, they
refrain from using the assignment to proselytize. According to Tinker v. Des Moines School District,
the Supreme Court declared that neither teachers nor students "shed their constitutional right to
freedom of speech or expression at the schoolhouse gate" which affirms the students First
Amendment rights (Tinker v. Des Moines School District, 1969). The Supreme Court reiterated the
student's right to express religious belief when the court stated "private religious speech, far from
being a First

Analysis Of The Tinker V. Des Moines Independent Community...
America's Founding Fathers gave Americans certain rights when they established this great nation.
These rights include life, liberty, and the pursuit of happiness, as well as other constitutional rights
like freedom of religion, protection against self–incrimination, and the right to bear arms in defense.
One of the most important of the freedoms bestowed upon American citizens by their inspired
founding fathers is the freedom of speech. Americans have the right to speak their minds without the
worry of punishment by the government. An example of this is the Tinker V. Des Moines
Independent Community School District case in the years 1968–1969. In this Supreme Court case,
the Tinker family was fighting for their right to symbolic speech at school. Another case regarding
Freedom of Speech at a school is Hazelwood School District V. Kuhlmeier. This case is also
concerning the right to free speech at school. Free speech in school greatly affects many people.
According to the National Center for Education Statistics, "In fall 2016, about 50.4 million students
will attend public elementary and secondary schools... In fall 2016, some 20.5 million students are
expected to attend American colleges and universities" (A–Z). This means that these laws and
related issues will affect about 70 million people. The first topic that will be discussed is the
precedent which was set by the Tinker V. Des Moines Independent Community School District court
case. In this case John Tinker,

Importance Of The First Amendment
The First Amendment gives us the essential freedoms we as United States citizens deserve. This
amendment gives us Freedom of peaceful assembly, speech, press, religion and the freedom to
petition the Government. It is thought to be the most important freedom of the United States. Only
because of this right we are able to speak our mind freely, pray without judgment, express ourselves,
and protest peacefully. Our Founding Fathers had been Framers of the Constitution and they are
responsible for all the rights documented and established in the United States.
They had been in love with the thought of liberty and believed foreseen rights for man would be
good for man's nature. Knowingly experiencing tyranny from the grand countries, the Fathers
constructed the Constitution very carefully in order to avoid tyranny and a government for the
people, by the people, and of the people would be developed. The First Amendment was created to
ensure that the government would not and could not interfere with American citizens basic civil
rights. Being that this Amendment was so important, many states refused to approve such
documents as the Constitution until there were amendments that would protect people's rights in the
future. The Founding Fathers made the constitution to where eventually even in today's days it
would protect the rights of American citizens. There is always leeway with in the amendments to
where not only does it protect the people of the past, but it protects the

Case Study : Speeker V. South Bay County School District
TO: Attorney Cusker FROM: Latrice Morris DATE: November 1, 2014 RE: Speeker v. South Bay
County School District Facts Oliver Wendell Holmes High School took part in a community wide
health fair. The school set up a booth and asked their students to participate. The teachers gave extra
credit to the students that attended the health fair, and the student would have to sign in at the
schools booth to verify their attendance. Susie Speeker, a student at Oliver Wendell Holmes High
School, attended the fair with her family. While at the community wide health fair, Susie held up a
sign which stated marijuana should be legalized for compassionate use. A fellow student that
attended the same school as Susie took a picture of her holding the sign and published it in the
school newspaper. The principal of the school saw the photo and suspended Susie for violating the
schools policy by promoting illegal drugs at a school function. Since Susie's suspension, she claims
that she has been harassed by other students and teachers at her school. Susie claims that her grades
have dropped which could result in limited college choices. As a result, Susie claims her civil rights
under 42 U.S.C § 1983 were violated. Issues 1. Did the school district have the right to suspend
Susie for her actions? 2. Assuming that the school district was not justified in its actions, does Susie
have a claim under 42 U.S.C. § 1983? Brief Answer 1. No, the school did not have the right to
suspend Susie because

The Pros And Cons Of High School Journalism
In the realm of high school journalism, striking a balance between the First Amendment rights of
students and the educational purpose of a school can be challenging. As stated in Tinker v. Des
Moines Independent Community School District, "it can hardly be argued that either students or
teachers shed their constitutional rights to freedom of speech or expression at the schoolhouse gate"
(Tinker), but with this statement comes several caveats that place limits on what a student journalist
can publish in school newspapers. These limits present challenges to the scenario in which the
principal of a school has exercised editorial control over an article I have written about football
hazing, asking for a player's comments to be removed and a prepared statement by the coach added
(Sarapin). Taking certain court decisions into consideration, it may be in the best interest for me
Dropping the story is absolutely out of the question, as the information about children getting hurt is
of public interest. That being said, we cannot exactly ignore the instructions given to us by the
principal. According to Hazelwood School District v. Kuhlmeier, the school administration can limit
what can be printed in the school newspaper, so long as the school has not been made into a public
forum open to indiscriminate speech. Should this not be the case, "school officials may impose
reasonable restrictions on the speech of students, teachers, and other members of the school
community" (Hazelwood),

The Case Morse Vs. Frederick
In the case Morse Vs. Frederick, a supreme court case that questioned the first amendment, the main
argument set out by Frederick was that the school's principal, Morse, was that Morse violated
Fredericks first amendment right. Juneau–Douglas High School was in session during the Olympic
Torch Relay for the 2002 winter Olympics. The school decided that it would let its students and
faculty out for a short period to watch as the torchbearers passed the school. This was considered a
school event and was treated as a field trip. Joseph Frederick was a senior at JDHS. He was a bit late
coming to school that day. When Frederick arrived to school during the event, he met up with some
of his friends. They soon pulled out fourteen–foot banner that had the phrase: "BONG HiTS 4
JESUS". The school's principal, Deborah Morse, almost immediately told the students to take down
the banner. All but one student complied with Morse. That student was Joseph Frederick. She told
the boys to take the sign down because she believed that the sign was encouraging the use of illegal
drugs in school. She told Frederick to report to her office where she later punished him by
suspending him for ten days. Frederick believed that his constitutional rights were being denied and
that the first amendment was violated in the process. Frederick sued Morse claiming that the school
violated his first amendment. Morse explained that she was not violating the first amendment
because the school has a school

Tinker v. Des Moines Independent Community School District...
In the history of the Supreme Court, there have been many First Amendment cases that outline if
exercises of free speech and expression are constitutional or unconstitutional. One of the most
paramount 1st amendment cases is that of Tinker v. Des Moines Independent Community School
District (1969). This significant case helped shape the extension of symbolic speech, as well as
ensure the freedom of speech and expression to students in schools. In December 1965, a group of
Iowa residents, both adults and children, gathered to discuss ways in which they could protest
American involvement in the Vietnam War, a very controversial issue at the time. The group
decided to wear black armbands for the month of December as a form of peaceful ... Show more
The District Court dismissed the case, upholding the constitutionality of the school board's decision
to prohibit the students from wearing the armbands. The case later moved onto the US Court of
Appeals, where a 4–4 vote upheld the lower court's decision. They then took their case to the
Supreme Court. The case was heard by the Supreme Court on November 12th, 1968 to a packed
court house. The main constitutional question at hand was if a prohibition against the wearing of
armbands in public school, as a form of symbolic protest, violates the First Amendment's freedom of
speech and expression. Attorney Dan L. Johnson argued on the Tinker's behalf, proclaiming that the
students had the constitutional right, as per the 1st amendment freedom of speech and expression, to
wear the black armbands as a form of symbolic speech. On the other hand, attorney Allan A. Herrick
defended the school board's actions, inciting that the prohibition of armbands was necessary to
prevent and stifle any violence or disorder. The topic of discussion during the oral arguments
centered largely upon whether Tinker's protest was disruptive to the class environment. Johnson
argued that the anti–Vietnam protest, although sparking some talk, was undisruptive to school,
citing that there was no evidence of disruption in any of the classes. Herrick, conversely, argued that
the Vietnam War was an inflammatory issue, and that armbands invoked violence, especially since a

Bill Of Rights Vs. Des Moines Independent Public Schools
The Bill of Rights was created to put specific limits on governmental power and too give more of
that power to the individual himself. The government has compromised these liberties by abducting
the right of speech and peaceful protesting, acquiring illegal searches, and the presence of injustice
in the court system. The Bill of Rights protects these individual liberties by retaining the rights to
the people in Amendment IX, and defining the balance of the government, state, and individual in
Amendment X. (Tinker vs. Des Moines Independent Community School District, 1969) In
December 1965, students from Des Moines, Iowa met about a silent armband protest to support
peace in the Vietnam War. The principal of the Des Moines public school ... Show more content on
Helpwriting.net ...
The smallest fine can be up to $500.00 for first offense, and "each day that a violation continues
after due notice has been served shall be deemed a separate offense" (106.4). This is a distinct
violation of Amendment IV because even an "unelected code official appointed by the Mayor is
given authority to enforce and interpret the code and make all inspections" (103.2 & 102.8 & 103.1
& 104.1 & 104.2). These Code Officials do not need a warrant or your permission to search your
property for violations. These "violations" could be as small as cracks in the concrete and the glaze
on your windows (101.2 & 305.1 & 301.1.1 & 304.13 & 304.13.1 & 304.3.1). As a result, the
Repeal Property Code 105 – 2 group was formed. They are currently collecting the 2,432 signatures
needed to force an election on May 3, 2016 and help place the Repeal on the ballot. The elected
officials of Jonesboro, Arkansas are compromising individual rights by acting as if they are
completely oblivious to Amendment IV of the Bill of Rights, which clearly states that without a
warrant your belongings can't be searched or

Explain Why We Should Be Able To Wear Hoods
They took our hoods! I think that we should be able to worst hoods in school bc,i've had mine
taking away and the said that it's a sign of gan and i disagree with that statement. I think that I
should be able to wear hoods are. No one in our school is in a gang nor is anyone in Leslie not even
in Leslie. Also no one in Leslie looks at you like you are in a gang and teachers are the only one
who thinks that. Also hoods were not a sign that you're in a gang since the 70's in the infact on the
wikipedia it says nothing about being a part of a gang the wee hats and bandana. My next reason I
think that we should be able to wear hoods are. My next reason for wanting to be able to wear hoods
is. Most people that have sweatshirts have hoods so

Persuasive Speech On Freedom Of Speech
Is giving students free speech more important than not offending other students? There have been
many debates over whether there should be limitations on students' speech in public schools. Many
people believe that unrestricted speech can cause conflict because there are endless amounts of
different opinions, including offensive ones. On the other hand, there are people who think everyone
should feel free to voice their ideas and opinions. Lastly, there are people who believe there should
be limitations, but not for all situations. Students should be allowed to say or do whatever they want
unless it is illegal, it targets specific people or it is offensive towards a vast majority.
All students have been given the right to express and speak freely according to the First
Amendment. In the United States Constitution, the First Amendment states "'Congress shall make
no law... abridging the freedom of speech... or the right of the people peaceably to assemble'" (U.S.
Constitution). This gives everyone in America the right to freedom of speech, expression and to
protest. Therefore, any student should have the right to say or do anything they want. In the case,
Tinker v. Des Moines Independent Community School District (1969), there was a group of students
planning to wear black armbands and to fast on December 16th and on New Year's eve to the
Vietnam war. Prior to the protest, the school found out and created a policy which stated that any
student wearing an armband will be asked to remove it and if they refuse, they will be suspended.
Three students, Mary Beth Tinker, Christopher Eckhardt and John Tinker wore their armbands to
school and got suspended. These students did not return to school until after the protest, which was
New Year's Day. They also sued the school for violating their right to freedom of expression. When
the students went to court, the court agreed with them that the school violated their first amendment
rights (Oyez). This connects to the First Amendment because the students are trying to express their
disapproval of the Vietnam war, while not harming or offending anyone, yet the school is limiting
their freedom of expression. The students are also not doing anything wrong since none of the

The Tinker V. Des Moines Independent School District...
One of the most well–known Supreme Cases involving student rights was the Tinker v. Des Moines
Independent School District decision of 1969. The verdict quickly became a precedent for many
other decisions involving school issues and is very relevant today. In December of 1965, students
attending Des Moines Public Schools held a meeting at Christopher Eckhardt 's house to conduct a
plan to show their support for a truce in the ongoing Vietnam War. They resolved to wear black
armbands during the holiday season and also to fast on December 16 and on New Years. The
principals at the school received word of the plan, and on December 14, they established a policy
that banned armbands in school. Anyone who refused to remove the armband at a teacher's request
would be suspended. However, this did not deter Mary Beth Tinker and Christopher Eckhardt, who,
on December 16, wore their armbands and were sent home. John Tinker did the same thing the next
day and was immediately sent home. None of them returned to school until after New Years. Their
fathers then sued the schools for violating their children 's right to freedom of expression. However,
the District Court dismissed the case, and the US Court of Appeals affirmed the decision, because of
this, the families appealed to the Supreme Court. The children's right to free speech was being
violated. They argued that their protesting of the war was within the confines of the First
Amendment. Since their wearing of the bands did not

Tinker V Moines Case Study
The 1969 Tinker v. Des Moines court case attested the First Amendment privileges of understudies
in school. The Court held that a school region abused the students' freedom of speech rights when it
singled out a type of typical discourse – black armbands worn in dissent of the Vietnam War – for
denial, without demonstrating the armbands would bring about significant disturbance in class.
In 1965, Des Moines, Iowa occupants, John F. Tinker (15 years of age), his siblings Mary Beth
Tinker (13 years of age), Hope Tinker (11 years of age), and Paul Tinker (8 years of age), alongside
their companion Christopher Eckhardt (16 years of age) chose to wear black armbands to their
schools (secondary school for John and Christopher, middle school for Mary Beth, grade school for
Hope and Paul) in dissent of the Vietnam War and supporting the Christmas Truce called for by
Senator Robert F. Kennedy. The principals of the Des Moines School District educated of the
arrangement and met on December 14 to make a policy that expressed that school students wearing
an armband would be making a request to remove it immediately.
Disregarding the request would result in suspension and permitted to come back to class subsequent
to consenting to agree to the new policy. The members chose to disobey this approach. Mary Beth
Tinker and ... Show more content on Helpwriting.net ...
Des Moines court case is a standout amongst the most pivotal trials in the historical backdrop of the
United States. The case includes 3 minors–John Tinker, Mary Beth Tinker and Christopher
Eckhardt–who were each suspended from their schools for wearing black armbands to dissent the
Vietnam War. The Tinker v. Des Moines case alludes to the Supreme Court hearing–the case was
unique to the point that it experienced various courts to get right. Circuit Courts and the Court of
Appeals on the condition of Iowa both decided that black armbands, which spoke to awful
sentiments towards the Vietnam War, was improper clothing for

Comparing Morse V. Frederick, 551 US
Incognito's texts did not create an actual disruption or provide Saddleback with reason to forecast a
substantial disruption. For a school to restrict a student's speech, the school must establish (1) an
actual disruption of school activities, or (2) a reason to forecast a substantial disruption of the school
environment. Tinker, 393 U.S. at 504. An actual disruption requires an interference with the school's
activities or educational mission. Id. Compare Morse v. Frederick, 551 U.S. 393, 291 (2007)
(holding that a student's banner that said "Bong Hits 4 Jesus" was not protected speech because it
elicited responses of illegal drug use at a school event), and Bethel Sch. Dist. No. 403 v. Fraser, 478
U.S. 675, 695 (1986) (finding that a school ... Show more content on Helpwriting.net ...
Tinker, 393 U.S. at 511. Thus, discomfort, hurt feelings, embarrassment, or disapproval of an
unpopular viewpoint do not justify a school's restriction of silent, passive expressions of student
speech. Id. See Emmett, 92 F. Supp. 2d at 1090 (holding that a student cannot be suspended for
non–school sponsored website featuring mock obituaries on the basis of fear of disturbance); and
Tinker 363 U.S. at 512 (finding that a school cannot restrict students' free speech to avoid
discomfort and unpleasantness of an unpopular viewpoint when the school suspended students for
wearing black armbands to protest the Vietnam War); and J.C., 711 F. Supp. 2d at 1107 (finding that
a school cannot suspend a student over a YouTube video because of a teenager's hurt feelings, rather
it must be something more than "ordinary personality conflicts"); and Burge, 92 F. Supp. 3d at 1060
(holding that a teacher's upset or angry feelings about a student's comments on Facebook, such as
"she should be shot," was insufficient for a substantial disruption). Any words spoken in class, the
lunchroom, or on campus that deviate from the majority can cause a disturbance, but the
Constitution asserts it is imperative that students' take the risk of voicing unpopular opinions.

Cyberbullying And The First Amendment
An Examination of Cyberbullying and the First Amendment This paper addresses a situation in
which a student notified this author that she was being subjected to bullying through another
classmate's Facebook page. A discussion of steps required by Oregon's statutes, the Lake Oswego
School District 's board policies and the student handbook, will provide a basis for examining any
First Amendment arguments that the bullying has raised, with a discussion of the author 's First
Amendment responses consistent with applicable Supreme Court cases. Required Action under
Oregon Statute Recently, the Oregon legislature passed Senate Bill 1555 (2012), amending the
state's statutes surrounding issues of harassment, intimidation, bullying and cyberbullying (Oregon
Department of Education, 2016). Cyberbullying is "conduct that disrupts a student's ability to learn
and a school's ability to educate its students in a safe environment" (30 ORS § 339.353). The Senate
Bill amendments include increased accountability for public school districts, which include the
mandatory adoption of a policy prohibiting acts such as harassment and cyberbullying. The policy
must also include the requirement that a school employee report such an act of cyberbullying to the
appropriate school administrator (Hinduja & Patchin, 2016). Resultantly, the first step in this case is
to report this alleged cyberbullying to the school principal. Having examined the state statute
requirements for a circumstance of

Tinker Vs. Des Moines: Textual Analysis
In this book, they discuss the backstory of the trial, the trial itself, the judge, and the verdict. This
book covers the entire story start to finish, they even have what if scenarios. This book started off by
saying how the situation started, with the Vietnam War. Some people were for it, and some were
against it. In Tinker vs. Des Moines, the short version, students wore arm bands to protest the
Vietnam War. This source dives into how the majority of America felt about the war, and how
Americans felt about anti–war protestors. This source discusses what truly the First Amendment is
and what is constituted "aloud" under free speech. This sources perspective is more third–person
than anything else. It shows the facts, how they happened and tries not to actually pick a side.
Through textual analysis you can decipher that the source does lean towards the fact that even
though freedom ... Show more content on Helpwriting.net ...
W. (1997). The struggle for student rights: Tinker v. Des Moines and the 1960s. University Press of
Kansas. This source backs up a little, it focuses more on the anti–war tensions in society, and how it
impacted schooling and students rights. The "Anti–war movement" was all the rage so to speak. The
wave hit schools and with it, teachers and administrators strived for order, and to try to maintain a
sense anonymity when it came to the war protests. This book looks at the struggle to maintain a
healthy learning environment, as well as striving to maintain the students' rights when it came to
freedom of speech. The perspective given in this book is third–person omniscient. This book talks
about the way the students felt, as well at the administration and faculty. They act as if they were on
both sides and experiences both first–hand. This source was somewhat helpful in researching. This
source helps in looking at the social instability in that time, and how anti–war protestor's ideals were
spilling everywhere and the schools had to become

Mary Beth Tinker Research Paper
Emily Mosca– 6961–9494
BUL4310
Tinker vs. Des Moines 2200–2800 words
I. Introduction
It was the month of December in 1965 in Des Moines, Iowa. By 1965, about 170,000 U.S. soldiers
were stationed in Vietnam. Everyday there was intense graphic footage of the war broadcasted into
American homes. Being only 13 years old, Mary Beth Tinker was strongly affected by the war and
the news it carried with it. With this, she decided wear a black armband to school protesting the war
in Vietnam. She was not alone in this protest, as her brother, John, and other students decided to
wear black armbands to protest the war as well. The Des Moines Independent Community School
District found out about the protest before it occurred and passed a preemptive ban. ... Show more
The schools legally censored the ability to show their symbolic speech by having uniforms to limit
expression. In the Majority opinion of the Tinker v Des Moines it says that "Under our Constitution,
free speech is not a right that is given only to be so circumscribed that it exists in principle but not in
fact. Freedom of expression would not truly exist if the right could be exercised only in an area that
a benevolent government has provided as a safe haven for crackpots. The Constitution says that
Congress (and the States) may not abridge the right to free speech. This provision means what it
says. We properly read it to permit reasonable regulation of speech–connected activities in carefully
restricted circumstances. But we do not confine the permissible exercise of First Amendment rights
to a telephone booth or the four corners of a pamphlet, or to supervised and ordained discussion in a
school classroom" (Tinker v. Des Moines, 1969). This statement exemplifies that based on the first
amendment the students have the ability of expression allowed by the

Religion And The First Amendment
Religion and the First Amendment in Schools
Recently, students were instructed to write an essay along with a pictorial representation of the
person they considered to be their hero. Since one student chose Jesus as his hero and submitted a
drawing of the Last Supper, possible legal complications need to be considered before grading and
displaying the assignment. An examination of First Amendment legal issues that arise when a
student submits an assignment of religious nature will provide insight into how the First
Amendment applies in the classroom.
Legal Issues Regarding Grading Historically, legal issues regarding the grading of assignments
containing religious material have come to similar decisions. In Tinker v. Des Moines Independent
Community School District (1969), a group of students decided to express their views about
Vietnam by wearing black armbands to school. Although the district attempted to punish them for
this, the Supreme Court ruled that the students were expressing a form of "symbolic speech" and
were protected by the First Amendment, as long as it did not disrupt normal school functions.
Similarly, expressing views of religion in school is protected if it does not disturb the educational
process. According to Haynes and Oliver (2007), students have the right to express religious beliefs
"in homework, artwork, and other written and oral assignments free from discrimination based on
the religious content of their submissions" (p. 65). An educator must

Student Code Of Conduct And Employee Handbook
Introduction In the wake of the suicide of 12–year old Celeste Willis in 2013, a result of alleged
cyberbullying, Beaufort Country School District has taken proactive steps towards de–escalating
cyberbullying in their schools. Willis was bullied on social media networks: Facebook, and
Instagram, and video–sharing website YouTube. Despite her family monitoring her Internet
activities neither her parents nor friends were aware she used a pseudonym on Tumblr until after her
passing where repeated threats and bullying took place. Beaufort County Schools has added anti–
bully prevention and conflict resolution programs available online to prevent future tragedy like this
one from occurring again. The student code of conduct and employee handbook has anti–bullying
contracts requiring the signatures of all students and faculty members. Vowing they will report all
forms of bullying. Students are accountable for de–escalating conflicts, avoiding, conflict, not
creating conflict and not encouraging conflict either (Beaufort County School District 16).
Disciplinary actions can lead to suspension or expulsion from schools. Third party participants can
face the similar disciplinary actions. Including facing criminal charges. First Amendment
considerations when regulating cyberbullying on and off campus must be authorized by state law.
The following paper will discuss public schools in protection of student from cyberbullying and its
relationship with 1st Amendment. Cyberbullying "The

Analysis Of Tinker Vs. Des Moines, And Bethel V. Fraser
The first amendment, which is considered the right to freedom of speech, is a misconception to
many. Not all citizens, but some, think that because of the first amendment; they can say whatever
they want. Although citizens of the United States have the right to freedom of speech, this freedom
of speech is viewed differently by others. Which leads to confusion as to what can be said and what
cannot be said. Both court cases: Tinker v. Des Moines, and Bethel v. Fraser involved the confusion
and misunderstanding of this first amendment. "In December, 1969, a group of students in Des
Moines held a meeting in the home of Christopher Eckhardt to plan a public showing of their
support for a truce in the Vietnam War."1 These students decided to wear black armbands to show
their support. These students included: John F. Tinker, Hope Tinker, Mary Beth Tinker, Paul Tinker,
and Christopher Eckhardt. Whenever the Principal found out about their plan, he stated that any
student found wearing these black armbands would be suspended.2 Despite the Principal's warning,
the students still wore the black armbands.3 On December 16, Christopher Eckhardt and Mary Beth
Tinker wore their black armbands to school and were sent home. The next day, John Tinker wore his
armband and was also sent home. Because of the protest, the students did not return to school until
after New Year's Day. This was the date they planned to end the protest.4 Parents, of the children
who were sent home, were furious.

Tinker V. Des Moines Independent Community School District
Tinker v. Des Moines Independent Community School District, 393 U.S. 503 (1969) was a decision
by the United States Supreme Court that defined the constitutional rights of students in U.S. public
schools. The Tinker test is still used by courts today to determine whether a school 's disciplinary
actions violate students ' First Amendment rights.The principal of the Des Moines schools learned of
the plan and met on December 14 to create a policy that stated that school children wearing an
armband would be asked to remove it immediately. Violating students would be suspended and
allowed to return to school after agreeing to comply with the policy. The participants decided to
violate this policy. Mary Beth Tinker and Christopher Eckhardt were suspended from school for
wearing the armbands on December 16 and John Tinker was suspended for doing the same on the
following day. (The two youngest participants were not punished.) Mary Beth, Christopher, and
John were suspended from school until after January 1, 1966, when their protest had been scheduled
to end.
The 1973 Roe v. Wade Supreme Court case was a major landmark in not only the abortion issue, but
also in American government. In this paper I will discuss the case, including both arguments and the
decision, and the significance of Roe v. Wade. I will also discuss the basis of the ruling as according
to the implied right of privacy through the 14th amendment, and how the court reached that
decision.In 1971 Norma McCorvey, a

Armbands In Schools Essay
Armbands in School Interview vs Artical After analyzing the article and interviews on weather
wearing armbands in school should be allowed that the article, "Supreme Court Landmark Series:
Tinker v. Des Moines" is the best source for information on this case. It is because of the way it
analyzes both sides of the article in the best way. The first comparison, is how they introduce the
issue. As stated in the article, "The Court's holding in this case ushers in what I deem to be an
entirely new era in which the power to control pupils by elected 'officials of state supported public
schools...' in the United States is in ultimate effect transferred to the Supreme Court" (Black 1). The
significance of the quote shows us how the case came to the attention of the Supreme Court. As for
the interview "Supreme Court Landmark Series: Tinker v. Des Moines" which focuses on the
argument from the perspective of the people arguing. "You're listening to the Supreme Court
Landmark Series, where we take a quick look into some of the High Court's most influential
decisions. In each episode, we ... Show more content on Helpwriting.net ...
As stated in the interview, "Tinker came up during the Vietnam War which was a period of a lot of
disorder in universities, and a bit in lower schools in the United States. And it involved a very
peaceful, quit protest by five young people who chose to wear black armbands to school..." (Ross
4). The significients of this quote shows how the interview points out the students side of the issue.
As stated by the article, "The Court brought this particular case here on a petition for certiorari
urging that the First and Fourteenth Amendments protect the right of school pupils to express their
political views..." (Black 1). The point of this quote is to show the kid's argument from the
perspective of the article. As a result of this analysis the interview is better at explaining the kid's
side of the

Essay On School Dress Codes
The topic of school dress codes has been widely discussed in and outside of the classroom and
considering that, out of one hundred sixty–three female students at Brevard High School ninety–
four percent believe that dress codes only applies to them, one could see why. Eighty–three percent
of the two hundred eighty–four students and staff at Brevard High School believe that dress codes
are primarily directed at female students (Brevard High School Survey 2016). With those statistics
in mind it is no wonder why dress codes are still being debated to this day. Dress codes in public
high schools not only limit a student's first amendment rights but also lack legitimate reason and
promote a sexist environment.
Since the United States Constitution ... Show more content on Helpwriting.net ...
There is a clear problem at hand the only question is the solution. Dress codes clearly break the first
amendment in some ways by limiting one's freedom of speech. There is a clear discrepancy, with
not only the students but the school staff, when it comes to the reason for dress codes are being
enforced and who dress codes are aimed towards. This can been seen since not only students but
staff stated that dress codes were only applied to women (Brevard High School Survey 2016).
Maybe the reason dress codes have been so talked about in the media is due to the fact that dress
codes are not being talked about in schools. In school, dress codes are reviewed on the first day for
about ten minutes. If dress codes were thoroughly discussed with the school staff and the students
that would eliminate confusion, give solid reasons for dress code, and help to get rid of any negative
tension towards dress codes. While talking about a dress code is not the only thing that will fix all of
its flaws, it is a start and could even help to bring the flaws to

In the case Tinker v. Des Moines, three public school pupils in Des Moines, Iowa, were suspended
from school for wearing black armbands to protest the Government's policy in Vietnam. The
supreme court has drawn a conclusion that the suspension of the three pupils was illegal. In the
review of the case, the supreme list several main points to justify the Protest of pupils.
First, In wearing armbands, the petitioners were quiet and passive,which means they were not
disruptive, and did not impinge upon the rights of others. This point has been the one of the most
effective points in proving the legality of the protesting of the Thinkers. The court recognized that
wearing armband to express a certain view is the type of symbolic act which is in ... Show more
In order to the reason for decision made in the District Court that he school authorities was
reasonable because it was based upon their fear of a disturbance from the wearing of the armbands.
However,This point would not be convincing under the law system in United States.
"Undifferentiated fear or apprehension of disturbance is not enough to overcome the right to
freedom of expression." Exactly as what the supreme court have claimed, fear is not a rational
excuse to say no to freedom of express. In fact that all opinions that is not majority are the potential
"threat" that might cause troubles or inspire fear. Sure enough that among millions of students there
would be major opinions and minor opinions all the time, even about the test in school, the Vietnam
War was such a significant issues that United States got involved, There must be divergence
between students which is potentially harmful. Our Constitution said that we must take this risk. In
the case Terminiello v.Chicago in 1949, the case have fully demonstrate the necessity to take the
risk and comprehensive those

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