Violation Of Black Armbands

Improved Essays
In a public school called Des Moines in Iowa, some students protested against the Vietnam War by wearing black armbands. The principle discovered their plan and told students that they are not allowed to wear the black armbands and if they were to disobey then it would lead to a suspension. Knowing the consequences, some students wore them anyways and were suspended. Parents then sued the school for violating the students 1st Amendment which is freedom of speech. In the year of 1969 the Supreme Court ruled in favor of the students by 7-2. The majority ruled that the students rights were violated. The reason why the Supreme Court ruled 7-2 was because most of them felt that wearing the black armbands was just a symbolic way of expressing

Related Documents

  • Improved Essays

    Tinker v. Des Moines School District Portraying under the First Amendment as “freedom of speech”; in 1965, a vass group of individuals including adults and students had became determined to accentuate their objections based upon the hostilities of American soldiers within the Vietnam War. Petitioners such as John Tinker, 15, Christopher Eckhardt, 16 and Mary Beth Tinker, 13 were sentenced to suspension by their schools for promoting- detailed as provoking, their peers as well as for contravening school regulations. Based upon the given documents written by Justice Fortas and Justice Black, each illustrate opinionated stand points that persuade justified grounds given by the Supreme Court. On November 12, 1968, a court case was issued when merely seven students, four being of the Tinker household and one as Eckhardt, had contravened their school regulations of banned armbands.…

    • 508 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    They wore the armbands to school, and when they were asked to remove them, they refused. They were suspended until they could return to school without armbands. On New Years’ Day, 1966, they came back to school peacefully, but filed a lawsuit against the schools with their parents. First they went to the district court, which dismissed the case and said that the schools’ actions were reasonable because a protest could cause disruption in classes (Oyez). Then they went to the U.S. Court of Appeals, with no success.…

    • 666 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

    Justice Fortas concluded that the reason the school administration suspended the students for merely wearing armbands was to avoid the controversy concerning the Vietnam War. Although administration may have had fears of a disturbance, the fear was not sufficient enough to violate with the students’ First Amendment…

    • 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
  • Great Essays

    The gag order did indeed violate the First Amendment right to Freedom of the Press. Furthermore, reversing the previous two decisions in favor of the Petitioner “Nebraska Press Association, et al.” The U.S. Supreme Court went on to say that allowing the press to report on criminal trials does not usually interfere with the defendants Sixth Amendment “Right to a Fair Trial” http://ezpltccd.edu:2048 GalejCX3457000022: U.S. Supreme Court Case number two, Branzburg vs. Hayes this case heard by the U.S. Supreme Court in 1972. The case was called Branzburg vs. Hayes 1972, Judge John P. Hayes, et al.…

    • 1749 Words
    • 7 Pages
    Great Essays
  • Improved Essays

    Justice seemed to have been served when some of the officers were charged, but dismissed because, no reasonable evidence was found in the case. Also, in comparison Jackson State University had a similar protesting incident that took place on May 14,1970. This protest was said to have not been publicized, because of racial…

    • 807 Words
    • 4 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
  • Great Essays

    This law was far from limiting the integration of schools. African Americans felt like they were being denied equality. They decided to demand equality by using nonviolent protest. “Nonviolence is a powerful and…

    • 844 Words
    • 4 Pages
    Great 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

    Pros Of Confederation

    • 801 Words
    • 4 Pages

    Des Moines, Iowa in 1969, students at a public school wore black armbands to protest against the war in Vietnam. The protestors were suspended from school for silently expressing their attitudes towards the war. The parents of the suspended students sued the school for they believed that their children had their First Amendment rights violated. A U.S. district court ruled in favor of the school, resulting in an appeal of the students. When the appeals court denied the students, they brought the case to the U.S. Supreme Court where the high court ruled in favor of the protestors with a ratio of seven votes to two.…

    • 801 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    Bill Of Rights Dbq Essay

    • 1511 Words
    • 7 Pages

    The only time this type of expressive conduct would not be protected is when it begins to violate school dress code regulation, violence is involved, disruptive actions, or group demonstrations during…

    • 1511 Words
    • 7 Pages
    Improved Essays
  • Improved Essays

    Elizabeth’s shirt is school-sponsored speech under the Hazelwood standard. To determine whether an activity is school-sponsored the following factors are assessed: whether or not the class was part of the school’s curriculum, whether or not the student receives a grade on the assignment, and who has the final say over the classroom material. Hazelwood Sch. Dist., 484 U.S. at 268.…

    • 1207 Words
    • 5 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
  • Great Essays

    Literature Review The First Amendment (Amendment I) to the United States Constitution prohibits the making of any law respecting an establishment of religion, ensuring that there is no prohibition on the free exercise of religion, abridging the freedom of speech, infringing on the freedom of the press, interfering with the right to peaceably assemble, or prohibiting the petitioning for a governmental redress of grievances. Adopted on December 15, 1791, it has served the United States of America for over one hundred years. Freedom of expression is a controversial topic when applied to the school dress code. IN efforts to defend their case, school boards take the approach that the are not a totalitarian teaching style.…

    • 1801 Words
    • 8 Pages
    Great Essays