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    in tinker v. des moines, why did the supreme court rule in favor of the students who wore armbands? their action did not negatively influence other students. their action was not disruptive. their action occurred off school grounds. their action was political speech.

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    get in tinker v. des moines, why did the supreme court rule in favor of the students who wore armbands? their action did not negatively influence other students. their action was not disruptive. their action occurred off school grounds. their action was political speech. from EN Bilgi.

    Tinker v. Des Moines

    Tinker v. Des Moines is a historic Supreme Court ruling from 1969 that cemented students’ rights to free speech in public schools.Mary Beth Tinker was a 13-year-old junior high school student in December 1965 when she and a group of students decided to wear black armbands to school to protest the war in Vietnam. The school board got wind of the protest and passed a preemptive

    TINKER V. DES MOINES - LANDMARK SUPREME COURT RULING ON BEHALF OF STUDENT EXPRESSION

    Tinker v. Des Moines is a historic Supreme Court ruling from 1969 that cemented students’ rights to free speech in public schools.

    Mary Beth Tinker was a 13-year-old junior high school student in December 1965 when she and a group of students decided to wear black armbands to school to protest the war in Vietnam. The school board got wind of the protest and passed a preemptive ban. When Mary Beth arrived at school on Dec. 16, she was asked to remove the armband and was then suspended.

    Four other students were suspended as well, including her brother John Tinker and Chris Eckhardt. The students were told they could not return to school until they agreed to remove their armbands. The students returned after the Christmas break without armbands, but in protest, they wore black clothing for the remainder of the school year — and filed a First Amendment lawsuit.

    Represented by the ACLU, the students and their families embarked on a four-year court battle that culminated in the landmark Supreme Court decision. Dan Johnston, a young lawyer also from Des Moines and just out of law school, argued the case.

    On Feb. 24, 1969, the court ruled 7-2 that students do not “shed their constitutional rights to freedom of speech or expression at the schoolhouse gate.”

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    The court found that the First Amendment applied to public schools, and school officials could not censor student speech unless it disrupted the educational process. Because wearing a black armband was not disruptive, the court held that the First Amendment protected the right of students to wear them.

    LEARN MORE ABOUT STUDENTS' FREE SPEECH RIGHTS

    The court’s majority opinion, written by Justice Abe Fortas, went on to affirm the freedom that young people have under the Constitution:

    In our system, state-operated schools may not be enclaves of totalitarianism. School officials do not possess absolute authority over their students. Students… are possessed of fundamental rights which the State must respect, just as they themselves must respect their obligations to the State. In our system, students may not be regarded as closed-circuit recipients of only that which the State chooses to communicate. They may not be confined to the expression of those sentiments that are officially approved. In the absence of a specific showing of constitutionally valid reasons to regulate their speech, students are entitled to freedom of expression of their views.

    There are still limits on what students can do in public schools. Under the ruling, students can’t violate rules that aren’t targeted at expression — like attendance policies — as long as their school is applying the rules equally, regardless of whether students have broken them to protest or for other reasons. And students can’t “materially disrupt” the functioning of their school, though what’s considered disruptive can depend on the situation.

    SINCE THEN

    Tinker v. Des Moines Independent Community School District remains a frequently cited Supreme Court precedent. Thanks to the ruling, over the years the ACLU has successfully defended the right of students to wear an anti-abortion armband, a pro-LGBT T-shirt, and shirts critical of political figures.

    Social media has provided even more opportunities for students to make their voices heard — although some schools have attempted to extend their power to punish students for speaking off-campus and outside school hours. While courts have differed on the constitutionality of those punishments, the ACLU has challenged such overreach.

    Since the landmark decision in Tinker v. Des Moines, students have protested everything from apartheid in South Africa to a ban on dancing. Students with Black Lives Matter have inspired countless young people and adults by standing up for racial justice. And there were 2018’s massive student protests that followed the shooting massacre at Marjory Stoneman Douglas High School in Parkland, Florida.

    Mary Beth Tinker earned master’s degrees in public health and nursing and had a long career as a nurse. She continues to educate young people about their rights, speaking frequently to student groups across the country. In 2006, as a tribute to her devotion to the rights of young people, the ACLU National Board of Directors’ Youth Affairs Committee renamed its annual youth affairs award as the “Mary Beth Tinker Youth Involvement Award.”

    LEARN MORE

    Mary Beth and John Tinker Write About Their Journey to the Supreme Court — and What It Means Today

    Know Your Rights: Q&A on Students and Free Speech

    Can Schools Punish Students for Protest Walkouts? It Depends.

    Students’ Rights at School: Six Things You Need To Know, From Dress Codes to LGBT Equality

    Full Text of Supreme Court Opinion in Tinker v. Des Moines

    Related IssuesStudent Speech and PrivacyFree Speech

    RELATED STORIES

    Letter to Fairfield Middle School

    NOVEMBER 15, 2012

    Letter to Matacoa Middle School

    NOVEMBER 15, 2012

    Source : www.aclu.org

    Tinker v. Des Moines (1969) (article)

    The First Amendment: freedom of speech

    Tinker v. Des Moines (1969)

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    Key points

    In 1965, a public school district in Iowa suspended three teenagers for wearing black armbands to school to protest the Vietnam War. Their families filed suit, and in 1969 the case reached the Supreme Court.

    The Court ruled that the school district had violated the students’ free speech rights. The armbands were a form of symbolic speech, which the First Amendment protects.

    Background of the case

    In 1965, Iowa teenagers Mary Beth Tinker, her brother John, and their friend Christopher Eckhardt decided to stage a peaceful protest of the Vietnam War by wearing black armbands to their public schools. School officials announced that students who wore armbands had to remove them or face suspension. The Tinker siblings and Eckhardt refused to remove their armbands, and the district suspended them until their protest ended.

    Photograph of college-aged students marching, holding signs saying "End the War Now! Bring the Troops Home," "Stop the War," and "Bring Our Boys Home Alive."

    A student-led march protesting the Vietnam War. Source: Flikr

    Their parents filed suit against the school district, claiming that the school had violated the students’ free speech rights. Lower courts upheld the school district’s decision as a necessary one to maintain discipline, so the families appealed to the Supreme Court for a ruling. In 1969, the Supreme Court heard the case, Tinker v. Des Moines Independent Community School District.

    One important aspect of the Tinker case was that the students’ protest did not take the form of written or spoken expression, but instead used a symbol: black armbands. Was "symbolic speech” protected by the First Amendment?

    The Constitutional question at stake

    Did the school district violate the students’ First Amendment right to freedom of expression?

    Decision

    Yes. The Supreme Court ruled that the armbands were a form of symbolic speech, which is protected by the First Amendment, and therefore the school had violated the students’ First Amendment rights. The silent protest had not interfered with the school’s ability to operate normally, and therefore the school district’s restriction of the student’s free speech rights was not justified.

    Writing for the majority, Justice Abe Fortas explained the Court’s reasoning:

    “In our system, state-operated schools may not be enclaves of totalitarianism. School officials do not possess absolute authority over their students. Students in school, as well as out of school, are "persons" under our Constitution. They are possessed of fundamental rights which the State must respect, just as they themselves must respect their obligations to the State. In our system, students may not be regarded as closed-circuit recipients of only that which the State chooses to communicate. They may not be confined to the expression of those sentiments that are officially approved. In the absence of a specific showing of constitutionally valid reasons to regulate their speech, students are entitled to freedom of expression of their views.”

    [What does this mean?]

    Why does Tinker v. Des Moines matter?

    First, Tinker v. Des Moines shows how the Supreme Court’s interpretation of the First Amendment reflects a commitment to individual liberty. In this case, the Court affirmed that the right to free expression is more important than the need for government entities, like schools, to maintain order. Even minors have free speech rights that school officials must respect.

    Second, the Tinker ruling confirmed that symbolic speech merits protection under the First Amendment. Symbolic speech describes a wide array of nonverbal actions: marching, holding protest signs, conducting sit-ins, wearing t-shirts with political slogans, or even burning flags. The First Amendment protects all of these forms of expression.

    CHECK YOUR UNDERSTANDING

    Based on the ruling in Tinker v. Des Moines (1969), the Supreme Court is most likely to view a case concerning which of the following as a symbolic speech case?

    Choose 1 answer: Choose 1 answer:

    What do you think?

    What is symbolic speech? Should it be treated any differently than written or oral forms of expression?

    Why do you think the Supreme Court has upheld restrictions on free speech under some circumstances, but overturned restrictions in others?

    The First Amendment: freedom of speech

    Schenck v. United States (1919)

    Tinker v. Des Moines (1969)

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    Your Rights: Freedom of Expression Quiz Flashcards

    Study with Quizlet and memorize flashcards terms like Which best describes what the government had to prove for its censorship of the New York Times to have been acceptable? The articles would have had to indisputably harm the nation. The articles would have had to potentially threaten national security. The articles would have had to reveal classified information. The articles would have had to support the enemy in wartime., What is symbolic speech? an action that expresses an idea or opinion the act of peaceful protest the publication of an article despite prior restraint an idea or opinion expressed through metaphor, Edwards v. South Carolina protected people's right to assemble and attempt to stop something from being printed. display unpopular views in a disruptive way. express unpopular views in a peaceful way. protest against something on private property. and more.

    Your Rights: Freedom of Expression Quiz

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    Which best describes what the government had to prove for its censorship of the New York Times to have been acceptable?

    The articles would have had to indisputably harm the nation.

    The articles would have had to potentially threaten national security.

    The articles would have had to reveal classified information.

    The articles would have had to support the enemy in wartime.

    Click card to see definition 👆

    The articles would have had to indisputably harm the nation.

    Click again to see term 👆

    What is symbolic speech?

    an action that expresses an idea or opinion

    the act of peaceful protest

    the publication of an article despite prior restraint

    an idea or opinion expressed through metaphor

    Click card to see definition 👆

    an action that expresses an idea or opinion

    Click again to see term 👆

    1/10 Created by Diana_Garcia52

    Terms in this set (10)

    Which best describes what the government had to prove for its censorship of the New York Times to have been acceptable?

    The articles would have had to indisputably harm the nation.

    The articles would have had to potentially threaten national security.

    The articles would have had to reveal classified information.

    The articles would have had to support the enemy in wartime.

    The articles would have had to indisputably harm the nation.

    What is symbolic speech?

    an action that expresses an idea or opinion

    the act of peaceful protest

    the publication of an article despite prior restraint

    an idea or opinion expressed through metaphor

    an action that expresses an idea or opinion

    Edwards v. South Carolina protected people's right to assemble and

    attempt to stop something from being printed.

    display unpopular views in a disruptive way.

    express unpopular views in a peaceful way.

    protest against something on private property.

    express unpopular views in a peaceful way.

    According to the Supreme Court, which of these most likely prompted the arrest of the protesters in Edwards v. South Carolina?

    The protestors supported an unpopular view.

    The protesters assembled in front of the statehouse.

    The protesters were a threat to public safety.

    The protesters marched without a permit.

    The protestors supported an unpopular view.

    When can the government restrict information released by the press?

    The government can never restrict information released by the press.

    The government can only restrict information when it could be harmful to an individual's reputation.

    The government can only restrict information released when practicing prior restraint.

    The government can only restrict information that could present an immediate threat to security or the public.

    The government can only restrict information that could present an immediate threat to security or the public.

    In Tinker v. Des Moines, why was it considered protected speech for students to wear armbands?

    Their action did not negatively influence other students.

    Their action was not disruptive.

    Their action occurred off school grounds.

    Their action was political speech.

    Their action was not disruptive.

    The events surrounding Tinker v. Des Moines involved a school, so why did the First Amendment apply?

    The events involved symbolic speech without disruption.

    The First Amendment always applies to issues of speech.

    The events involved controversial issues.

    The protest was an act of civil disobedience.

    The events involved symbolic speech without disruption.

    Edwards v. South Carolina is significant in terms of selective incorporation because it limited states' abilities to restrict

    the freedom of speech.

    the right to petition the government for redress.

    the right to peacefully assemble.

    the freedom of the press.

    the right to petition the government for redress.

    For which of these does the First Amendment offer no protection?

    civil disobedience protests symbolic speech libel libel

    Under what circumstances would the protest of the students in Tinker v. Des Moines be deemed unprotected speech?

    if their action had clearly threatened order and safety

    if their action had supported an unpopular opinion

    if their action had not been political

    if their action had promoted an artistic endeavor

    if their action had clearly threatened order and safety

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