Tinker Vs Moines Essay

Improved Essays
A friend in my school got in trouble for talking about “guns” or “gay people.” Is this a case of “Hate Speech,” and should he have gotten in trouble? Freedom of speech, part of the first amendment, allows people to speak their mind without repercussions. This right was put into the Bill of Rights because the founding fathers wanted the people to be able to voice their opinions about the government. Today people want the same thing, to be offered the right to voice their opinions Easily offended people and so-called “Hate Speech” are attacking our first amendment right. People in America are too easily offended by things that shouldn’t matter. According to a Newsweek article written by Buzz Brockway, “Chike Uzuegbunam attempted to share his …show more content…
KKK members are not the best people in the world, but they are still U.S. citizens and deserve the same rights. If this man wasn’t a KKK member he wouldn’t have been charged and that’s not right. A group of students from Des Moines High School decided to protest the Vietnam war by wearing black armbands. The school board met to create a policy that would outlaw armbands in the dress code. The students sued the school and went to the supreme court in the court case Tinker v. Des Moines and the supreme court judges claimed that the armbands “represented pure speech” and “the students did not lose their First Amendment rights to freedom of speech when they stepped onto school property.” Schools cannot take away any student’s first amendment rights guaranteed to them by the Constitution if the students aren’t breaking any laws. These court cases all had something to do with people’s first amendment rights being taken away without proper cause. I conducted a survey with various questions regarding the opinions of students at this school on the attack of the first amendment. In my research I asked if the first amendment should be left alone or if it should be tinkered

Related Documents

  • Improved Essays

    Ohio, Virginia v. Black and Texas vs. Johnson, helped me determine my decision. In the Brandenburg vs. Ohio case, Brandenburg, a KKK leader was convicted under the Ohio syndicalism law for stating things such as "Bury the niggers","Send the Jews back to Israel", and "Freedom for the whites”. As horrible as this might seem the court ruled that the Ohio law violated Brandenburg’s right to free speech. Similar to Westboro Church, both were simply exercising their First Amendment right. In the Virginia vs. Black case, Barry Black, Richard Elliott, and Jonathan O'Mara were all convicted (separately) of violating a Virginia law which states that any person(s) who intend to intimidate another person or group by burning a cross on property of another.…

    • 668 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    Justice Fortas delivered the 7-2 majority The Supreme Court held that the armbands represented pure speech that is entirely separate from the actions or conduct of those participating in it, direct quote, “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 Court also said that the students did not lose their rights to freedom of speech when they stepped onto school property. In order to justify the suppression of speech, the school board must be able to prove that the protest was in any way disrupting school. In this case, the school board’s actions stemmed from a fear of possible disruption rather than any actual…

    • 668 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    Throughout my reading and understanding of the court cases Tinker v. Des Moines (1969) and Miranda v. Arizona (1966) decided on during the Warren Court era, I have observed significant disagreements regarding the interpretation of American freedoms and the proper approach to law enforcement amongst the majority and dissenting Justices of the time. It was held by the majority ruling in Tinker v. Des Moines that kids do not "shed their constitutional rights to freedom of speech or expression at the schoolhouse gate. Tinker v Des Moines: "The students' freedom to symbolic speech was honored by the Court's decision in favor of those who displayed black armbands at school in protest of the Vietnam War. Writing for the majority, Justice Fortas explained…

    • 903 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    The ruling, which occurred during the Vietnam War, granted the students the right to express their political opinions as long as they did not disrupt the classroom. Their First and Fourteenth Amendment rights could not be restricted based on a “general fear of disruption,” which is what the administration argued. According to Justice Fortas, who wrote the majority opinion, the protest was a “silent, passive expression of opinion.” Though a few hostile comments had been made to the students who were wearing armbands, there had been no threats or acts of violence. Also, there had not been any findings that the armbands would substantially interfere with school operations or more importantly, harm the rights of other students.…

    • 772 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    Texas vs. Johnson (An analysis of the supreme court case Texas vs. Johnson and the current repercussions of the decision) The first amendment protects many of our basic rights such as freedom of speech, freedom of religion, freedom of the press, etc. The framers of our constitution left a broad wording to leave room for our country to grow and change as time went on. One of the adjustments our country has made over time is to define the actions and words protected under the freedom of speech. There are three basic categories of free speech; pure speech, is communication only through words, speech plus is speech plus an aid such as a sign or a chant, and symbolic speech, an action that communicates meaning without the use of words.…

    • 1129 Words
    • 5 Pages
    Improved Essays
  • Improved Essays

    Essay On Tinker Vs Moines

    • 1496 Words
    • 6 Pages

    In December of 1965, Mary Beth Tinker, her brother John Tinker, and their friend Christopher Eckhardt, students of Des Moines public schools, decided they were going to wear black armbands to school for a period of time in protest of the Vietnam war. The school board found out about the students’ plan to protest, and decided to put a ban on the wearing of black armbands on school property. If any student came to school wearing an armband, they would be suspended. The three students decided to come to school wearing the armbands, and they were suspended. The students decided to sue the school district, through their parents, and the case ended up going all the way to the United States Supreme Court.…

    • 1496 Words
    • 6 Pages
    Improved Essays
  • Superior Essays

    Tinker V Moines Essay

    • 1544 Words
    • 7 Pages

    People involved in the protest, as well as those who simply supported it, thought this violated the 1st and 14th amendment rights of the students.…

    • 1544 Words
    • 7 Pages
    Superior Essays
  • Improved Essays

    In the article “First Amendment Basics”,a lot of students believed that their rights were being violated because they couldn’t dye their hair purple in school. Furthermore, Jacqueline Duty, who were being notified that she couldn’t wear the dress with the confederate flag on it on Prom day, believed that her rights were being violated because she couldn’t went to prom just because of her dress. In the end, to avoid the trials, school officials decided to give her some money as compensation. These evidences showed that when students don’t fully know about their rights, it harmed not just themselves, but school officials as well. The reasons for that are because first of all, schools have the right to set dress code, so, students must followed them when they are in school.…

    • 414 Words
    • 2 Pages
    Improved Essays
  • Improved Essays

    The issue over removing Confederate statues has sparked many debates and emotions throughout the U.S. Hate speech stirs emotions, so do these statues. This made me think of the debate over if hate speech is protected by the freedom of speech. Hate speech is a terrible thing. But, it needs to be protected.…

    • 342 Words
    • 2 Pages
    Improved Essays
  • Great Essays

    In 1991 over 100 students were suspended for wearing the Confederate flag on their cloths of the flag draped over their shoulders. Shortly after the suspension the students sued the school district for violating their freedom of speech. In the article “Suspended Students Gain Right to Wear Rebel Flag” by The New York Times it said “School officials said in court documents that racial problems sparked by the original incident persist. Fights and "blatant disrespect" toward a black teacher had recently occurred. ”(NYTime)…

    • 1637 Words
    • 7 Pages
    Great Essays
  • Improved Essays

    We all are entitled to freedom of speech but what is it when freedom of speech turns into a hate crime. Begging the question could be used as the logical fallacy with this article. Freedom of Speech is our constitutional right. Freedom of speech is a principle that supports the freedom of an individual or community to articulate one's opinions and ideas without fear of retaliation, censorship, or sanction. People will continue to express themselves no matter how anyone else feels about the comments.…

    • 701 Words
    • 3 Pages
    Improved Essays
  • Decent Essays

    Violate The 1st Amendment

    • 163 Words
    • 1 Pages

    The school decision in this case does not violate the 1st amendment, because the purpose of this choice was to protect the affiliated students from possible violence and disturbances in the classroom. The five students were wearing American flag clothing on the school grounds, which included a shirt and a bandanna. The wearing of this clothing could fall under freedom of speech, because this could be seen as an act of expressing their patriotism or citizenship in the United States, but they did violate the school policy by wearing bandanas. There was also no evidence that the flag actually caused any violence or disruptive, but the purpose of the choice to ask students to remove the clothing, was to avoid this from happening. The school's interest…

    • 163 Words
    • 1 Pages
    Decent Essays
  • Decent Essays

    Freedom of speech is a great thing that we have in America. Taking it away would not allow us to fight for our own rights. Hate groups can test this amendment which makes anyone question whether they should speak out about something or not do anything at all. Many people think about themselves and only care what happens to them but, having your town get invaded by a hate group would change your outlook. No one would want anyone to take away their rights.…

    • 375 Words
    • 2 Pages
    Decent Essays
  • Improved Essays

    In the article titled, “Kindly Inquisitors: The New Attacks on Free Thought,” Jonathan Rauch concludes that hate speech should not be censored on campus. Rauch believes that students have a right to academic freedom. He believes that students will not feel free to explore or question topics that may be taboo, if they are fearful of reprimand, limiting their ability to learn about the world during a crucial time in their education. First Rauch argues that gaining knowledge is painful and Knowledge cannot be separated from pain, even the most “scientific” criticism can be painful. For example, Physicist Ludwig Boltzmann committed suicide following criticism of his ideas.…

    • 713 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    87% of students that were surveyed at Yale claimed that they support hate speech being a part of the First Amendment (McGough). They state that everyone is entitled to their own opinion, whether it offends someone or not. If the government decides to make hate speech a crime, many will not agree with it and will create chaos because they will think it isn’t fair to be fined and/or arrested for something they said that could’ve been taken the wrong way. At the same time, there are many who take advantage of the situation that since they’re in America, they can say, yell, type anything they want whether or not anyone is offended by the situation. Some people may argue that hate speech should be completely banned because it creates violence and fear.…

    • 1733 Words
    • 7 Pages
    Improved Essays