TINKER v. DES MOINES SCHOOL DIST., 393 U.S. 503 (1969)
393 U.S. 503TINKER ET AL. v. DES MOINES INDEPENDENT COMMUNITY SCHOOL DISTRICT ET AL.
CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT.
No. 21.
Argued November 12, 1968.
Decided February 24, 1969.
CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT.
No. 21.
Argued November 12, 1968.
Decided February 24, 1969.
Petitioners, three public school pupils in Des Moines, Iowa, were suspended from school for wearing black armbands to protest the Government's policy in Vietnam. They sought nominal damages and an injunction against a regulation that the respondents had promulgated banning the wearing of armbands. The District Court dismissed the complaint on the ground that the regulation was within the Board's power, despite the absence of any finding of substantial interference with the conduct of school activities. The Court of Appeals, sitting en banc, affirmed by an equally divided court. Held:
- 1. In wearing armbands, the petitioners were quiet and passive. They were not disruptive and did not impinge upon the rights of others. In these circumstances, their conduct was within the protection of the Free Speech Clause of the First Amendment and the Due Process Clause of the Fourteenth. Pp. 505-506.
- 2. First Amendment rights are available to teachers and students, subject to application in light of the special characteristics of the school environment. Pp. 506-507.
- 3. A prohibition against expression of opinion, without any evidence that the rule is necessary to avoid substantial interference with school discipline or the rights of others, is not permissible under the First and Fourteenth Amendments. Pp. 507-514.(http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=US&vol=393&invol=503).
NOW THAT YOU ARE MADE AWARE OF STUDENT'S RIGHTS UNDER THE FIRST AMENDMENT, WHAT NATIONAL ISSUE COULD STUDENTS AT LHS PROTEST AGAINST? HOW SHOULD THEY PROVE THEIR SOLIDARITY FOR THE CAUSE AT SCHOOL?
I would protest on the change of prop 8, the bible clearly states that a marriage is between a man and a women.
ReplyDeleteAlso to protest against war does not make sense, you should support our men/women fighting it. As long as there are politics in the world, there will be no true peace because other countries are not like us.
Tim Dowling
I think students at LHS should protest about the issue of texting in class and using ipods during class. These items are non-disruptive to others and could be done silently while they work. Using phones to text could actualy help the teacher have more peace and quiet if they would let their students text.For example, if students were having trouble on their work and needed help teachers should be issued an alternative phone that students can text for help withought speaking outloud (which disturbs peoples focus) and ask for help. Ipods on the other hand have a voulume adjustment so i see no reason why the student can't listen to it during class by setting it to a volume that nobody else hears.
ReplyDeleteChris, this is not a national issue to protest. Rethink this and repost.
ReplyDeleteTim, what visual would you use to show solidarity for your protest?
ReplyDeletei would protest against prop 8 and making same sex marriage legal. marriage is a religious thing and same sex marriage is a sin. so commiting a sin in a religious event isnt right. same sexes could be with each but like i said marriage is a religious event. but at the same time puting a law on marriage is mixing the law and church. so i would make a detailed shirt that exolains all that in imagery and wear it around.- Connor Wentzell
ReplyDeleteA national issue that LHS students could protest against is the law that U.S. citizens are not allowed to vote until they are 18. Entering highschool, you become more mature and develop understanding of issues and national events. Many highschool students have strong opinions about laws that are being passed and presidents that are running for office, so why shouldnt they be able to vote and get involved? Students should be able to vote for people who will make decisions concerning them and be able to vote on issues that affect them. They could protest against the voting age by wearing and promoting campaign slogans that show their understanding of national issues and the need to vote because of their strong determination
ReplyDeleteI would protest against the Law in Arizona that makes it legal for police officers to pull over, or interrogate a person just based on the color of their skin. What do middle eastern people think about this? Not only latinos or hispanics look like an "illigal migrant worker"...Passing a law that allows for this type of conduct from "the law", the people were supposed to go to for help , creates a hostile environment for everyone. Also, as a proud Mexican, if i visited or passed through Arizona and i were pulled over, it would be a huge inconvinience, and frankly, it would hurt my feelings... Also, "illegal workers" are not bad and do not commit crimes,sometimes hate crimes are commited against them and this law makes it so that they would be too afraid to go to the police or a hospital for help...isn't that inhumane?
ReplyDeleteI would wear a shirt or an armband saying "Stop Racial Profiling!!!"
Heriberto Herrera
Period 6