students should follow the rules placed by the administration despite of the students’ rights and personal beliefs. This view reinforces the discipline on students by the administration. The majority opinion was written by Justice Abe Fortas. In the written opinion Fortas writes, “The wearing of an armband for the purpose of expressing certain views is the type of symbolic act that is within the Free Speech Clause of the First Amendment,” (Cornell Law School). This law case discusses the…
Amendment. The Supreme Court vote in the majority was an 8-1 decision. The date for the majority decision was June 10, 1968. The justices who voted for the majority were Earl Warren, Hugo Black, John Harlan, William Brennan, Potter Stewart, Byron White, Abe Fortas, and Thurgood Marshall. Earl Warren wrote the majority decision. The majority opinion was that police officers can stop and frisk suspicious individuals. Officers may take steps to ensure safety. The search by the officer was…
activities.” From my perspective, forced absence from class because of suspension or compulsory wearing of “shame suits” would certainly constitute both “distraction” and a “substantial disruption” to the educations of female students. Justice Abe Fortas wrote in his Majority opinion for Tinker, “In order for ... school officials to justify prohibition of a particular expression of…
Case Was Tried This case was contended on November 12, 1968. The court was chosen February 24, 1969. In a 7-2 choice, the Supreme Court decided that the understudies had the privilege to wear armbands to class to challenge the Vietnam War. Equity Abe Fortas composed for the larger part. He initially underscored that understudies have First Amendment rights. “It can scarcely be contended that either understudies…
In December of 1965, a peaceful protest was held in Iowa against the violence of the Vietnam War. This led to the suspension of multiple students and ended in a Supreme Court case that would shape views on student’s rights in school for years to come. Students in multiple schools like John Tinker, Mary Beth Tinker, and Christopher Eckhardt wore armbands to school beginning on December 16. These and other students protested the violence of the war and were in support of a truce. However, the…
In the Supreme Court case Tinker v. Des Moines, the Tinkers were suing because they believed that their school violated their first amendment right to freedom of speech. This case was decided in 1969 under the Warren Court with a 7-2 decision. Three of the Tinker children and one of their friends wore black armbands to school to protest the Vietnam War. Just before the children did this, the school made a rule against protesting the Vietnam War. When the children went to school with the…
The case of “Tinker vs. Des Moines Independent Community School District 393 U.S 503” took place in 1969, was argued November 12, 1968, and with the decided date being February 24, 1969. The petitioners were Christopher and Mary Beth Eckhardt, and John Tinker. In 1965, the children's ages were as follows: Mary Beth was 13 years old, John was 15, and Christopher, the oldest, was 16. John and Christopher were high school students, and Mary was a junior high student. The case was argued because of…
Why Students have the Freedom to Undisrupted Speech in Schools A protest influenced a major Supreme Court case. The protest occurred in “November 1965, about [one-hundred and forty] anti-Vietnam War groups staged a ‘march on Washington,’ which drew an estimated twenty-five thousand participants” (Johnson 1). This compelled John Tinker, Mary Beth Tinker and Christopher Eckhardt, to take a stand against the Vietnam War. The Tinker’s and Eckhardt protest reached the Supreme Court, on claims to the…
Freedom of speech is a river that gives sustenance to the people along its banks so that they may grow independent and strong. Without the freedoms given to citizens in the first amendment, no one would be able to express their opinions and ideas about anything. Added to the constitution in 1789, the Bill of Rights gives us civil liberties and prevents the government from having too much power. According to the first amendment, “Congress shall make no law respecting an establishment of religion…
injunction to prevent the school district from disciplining the students” (Tinker v. DesMoines Independent Community School District). However, the district courts quickly dismissed the case. Later it was brought before the Supreme Court, where Justice Abe Fortas delivered an opinion of seven to two majorities. The Supreme Court stated that the students did not lose the First Amendment right to free of speech when they are on school grounds. However, to justify the suppression of speech, school…