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Al A The tinker case was a very neat case because b the ob the ob the of the of D d

Tinker V. Des Moines. Matt Miller, Ben Kempfer, Madison Tyner. Ben Porter. Al A The tinker case was a very neat case because b the ob the ob the of the of D d. CASE SUMMARY. In 1965 three kids John Tinker 15, his sister Mary Beth13, and their friend

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Al A The tinker case was a very neat case because b the ob the ob the of the of D d

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  1. Tinker V. Des Moines Matt Miller, Ben Kempfer, Madison Tyner. Ben Porter Al A The tinker case was a very neat case because b the ob the ob the of the of D d

  2. CASE SUMMARY In 1965 three kids John Tinker 15, his sister Mary Beth13, and their friend Christopher Eckhardet 16,wore black armbands to school to protest the Vietnam War duing the Christmas season. The principle knew they were going to wear them and told them they were going to be suspended if they wore them to school. When the kids were asked to remove them they said no and they were suspeneduntil New Years Day. Their fathers sued the school saying it was a violation of the First Amendment, the freedom of speech. The case went to the Suprem court.

  3. THE arguments Des Moines School District The School thought they were correct for creating the rule to stop the wearing of the armbands by students. Their argument was that a public school is the place to learn and not protest. The school stated the importance in our public school is discipline and no student should interfere with the education of our students. The Tinker Argument The Tinkers said their was no disturbance in the school in result of warring the armbands and learning in the class room was not disturbed. Students should not give up their right of freedom of expression when they enter school.

  4. COURTS RULING The Supreme Court ruled in favor of the Tinkers in this case. They ruled 7-2 against the school in favor of the students in the case. Official Opinion The courts opinion stated that school officials had comprehensive authority to set rules in the school, but it had to be done consistent with the first amendment rights to students and teachers Dissenting Opinion Justice Hugo Black said the conduct had been disruptive and that school officials had the right to control their classrooms. Black felt that the court decision would cerate a future were students could assert total control over their schools.

  5. PRECEDENTS FROM OTHER CASES Waugh v. Mississippi University- Court ruled that the states control institutions they established and that the state can prohibit things it believes distracts from the purpose which the state desired to exist. Meyer v. Nebraska- Court ruled that laws which interfered with the liberty of teacher, student, and parent were unconstitutional. Hammond v. South Carolina State College- it was ruled that people in public schools are protected by constitutional rights. Cox v. Louisiana- the Supreme Court ruled that the rights of free speech and assembly do not mean that anyone with opinions or beliefs to express may address a group at any public place and at any time.

  6. WHAT WE SAY We do not agree with Des Moines school district. The school should not have suspended them before the kids even entered the school building. We believe there was no reason to outlaw the armbands, because they were not causing any disruption. It states in the First Amendment that there is a freedom of speech, and the students have the right to practice freedom of speech.

  7. WORKS CITED Farlex, Inc. "Tinker v. Des Moines Independent Community School District Legal Definition of Tinker v. Des Moines Independent Community School District. Tinker v. Des Moines Independent Community School District Synonyms by the Free Online Law Dictionary." Legal Dictionary. 2010. Web. 09 Dec. 2010. <http://legal-dictionary.thefreedictionary.com/tinker v. Des Moines independent community school district>. Pearson Education Inc. "Tinker v. Des Moines School District (1969)." Infoplease: Encyclopedia, Almanac, Atlas, Biographies, Dictionary, Thesaurus. Free Online Reference, Research & Homework Help. — Infoplease.com. Pearson Prentice Hall, 2005 Web. 09 Dec. 2010. <http://www.infoplease.com/us/supreme- court/cases/ar39.html>. http://www2.maxwell.syr.edu/plegal/scales/tinkerprec.html http://www2.maxwell.syr.edu/plegal/scales/tinkerargu.html

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