Topic > Tinker v. Des Mointes School District - 623

The First Amendment states that every citizen of the United States has the rights to freedom of the press, of petition, of assembly, of religion, and of speech. Furthermore, the amendment states that the government is not allowed to make any law that violates the rights of a citizen. In the case of Tinker v. Des Moines School District (1969), the argument was whether the students' first amendment had been violated, but public schools were not an appropriate place to express free speech. In the 1960s, some Americans were against sending troops to Vietnam because of the many lives risked; others were against sending troops because of the money it would cost. In 1965, a group of Des Moines high school students met and agreed to wear black armbands the following week to protest the Vietnam War. Rumors spread about the school principles. School principals have approved a rule banning the wearing of armbands at school to avoid disruption in classrooms. In December, five students wore armbands ignoring the school's new rule. They were asked to remove their armbands and refused resulting in suspension ("Tinker v. Des Moines Independent Community School Dist"). Then the parents of these students complained that those students' First Amendment rights were being violated. This case went all the way to the United States Supreme Court. The Supreme Court ruled that students still have their rights to free speech and expression in school in a 7-2 vote in Tinker (“TINKER v. DES MOINES INDEPENDENT COMMUNITY SCHOOL DISTRICT”). Furthermore, the Supreme Court opinion welcomed that students can express their opinions anywhere even when the principal has clearly stated that they ban wristbands so as not to create problems. Disruptions caused by armbands could ca...... middle of paper ...... at school. The dissenting opinion simply holds that free speech should not be used as a nuisance. Therefore, those students' right to expression or speech was not violated because it interfered with classroom learning. There is a time and place for everything, and free speech should not be used everywhere. Works Cited TINKER v. DES MOINES INDEPENDENT COMMUNITY SCHOOL DISTRICT. The Oyez Project at IIT Chicago-Kent College of Law. October 29, 2013. “Tinker v. Des Moines Independent Community School Dist.” Tinker v. Des Moines Independent Community School Dist. Np, Nov. 12, 1968. Web. Nov. 10, 2013. "COX v. LOUISIANA." Cox v. Louisiana. Np, nd Web. November 10, 2013. “Tinker Vs. Des Moines Independent School District.” Tinker v. Des Moines Independent School District. Np, nd Web. November 10. 2013.