What was the protest issue that led to the Tinker v. Des Moines School District decision, Brainly?

What was the protest issue that led to the Tinker v. Des Moines School District decision, Brainly?

Tinker v. Des Moines was a Supreme Court decision involving two students who protested the Vietnam War by wearing black armbands to school. The children were suspended by the school system, which may have violated their right to free expression. The court ruled 6-3 that the First Amendment protects political speech by students in public schools.

The case had its origins in May 1968 when Linda Tinker and her daughter Rebecca wore armbands to school to protest the war. The Tinkers' son David was also arrested for helping his mother and sister wear the armbands. The family sued the school district arguing that by prohibiting the girls from wearing the armbands, they were violating their first amendment rights.

In 1971, the Supreme Court ruled 5-4 that the First Amendment protected the Tinkers' right to express themselves through symbolic acts like wearing an arm band. The court's majority opinion was written by Justice Oliver Wendell Holmes, Jr., and included references to "free minds and free markets". Dissenting opinions were signed by Justices Felix Frankfurter, William O. Douglas, and John Marshall Harlan II.

The ruling in Tinker v. Des Moines came just one year after the court decided another case called Burnside v. Byars. In that case, a local government banned all demonstrations on city property without a permit, which included protests against the war.

How did Tinker v. Des Moines impact society?

Tinker v. Des Moines is a landmark Supreme Court decision from 1969 that established students' rights to free expression in public schools. The kids returned from Christmas break without armbands, but in protest, they wore black clothes for the rest of the school year, and they launched a First Amendment case. The court ruled 7-2 that students have a right to wear black armbands to show support for their causes.

Tinker also clarified that the Constitution applies to students in public schools. Previously, courts had held that students were "presumed to know the law" and could be punished for violations that they might commit even if they believed them to be illegal.

The case involved several students from Des Moines who protested the Vietnam War by wearing black armbands during school hours. One boy wore his bandanna to honor those soldiers who had been killed and another girl wore her ribbon after her brother was injured in action. They were disciplined by their teachers for violating school rules against wearing political symbols on campus.

The students filed a lawsuit arguing that their First Amendment rights had been violated. They won their case at the trial level before an Iowa state court, but the ruling was overturned by the Supreme Court of Iowa. The Supreme Court's decision is considered by many to be one of the first cases to explicitly include students within the protection of the First Amendment.

What was the case of Tinker v. Des Moines Independent Community School District?

Tinker v. Des Moines Independent Community School Dist., 393 U.S. 503, overturned and remanded; Tinker v. Des Moines Independent Community School Dist. (No. 21), 383 F.2d 988, remanded. Three Des Moines, Iowa, public school students were penalized for wearing black armbands to protest the government's Vietnam policy. The United States Supreme Court ruled that this violated the First Amendment's guarantee of freedom of speech.

In 1969, Betty Sue Tinker, then a high school student in Des Moines, Iowa, wore an armband to school to protest the war in Vietnam. When her mother told her not to do so again, she disobeyed her. As a result, Betty Sue was punished by being forced to remove the armband for ten days. Her parents took her to court, arguing that by forcing their daughter to wear something on her arm that expressed an idea without her consent, the school district had violated her rights under the First Amendment. A federal judge agreed with the Tinker family and ordered that their daughter be allowed to wear the armband again. However, the Eighth Circuit Court of Appeals reversed the decision, saying that because the armband could be interpreted as a political statement, it constituted "prohibited conduct" under the school district's anti-picketing rule. Thus, the court concluded that the First Amendment did not protect Betty Sue from being punished for her act.

The Supreme Court unanimously reversed the appellate court's decision.

How did Tinker v. Des Moines change the Constitution?

The Supreme Court held in Tinker v. Des Moines Independent Community School District on February 24, 1969, that kids at school preserved their First Amendment right to free expression. The tale of this historic case begins four years earlier, with the first wave of anti-Vietnam War rallies. When students at Drake University protested the war by wearing black armbands to class, their teacher warned them they might be punished if they didn't remove the bands. When they refused, they were himself suspended for five days.

Drake tried to cancel its speech period so teachers could teach history instead. The students sued, and the court ruled 8-0 that the school district had violated their rights. Justice Abe Fortas wrote the opinion for the court, which also included justices Hugo L. Black, William O. Douglas, John Marshall Harlan II, Potter Stewart, and Lewis F. Powell Jr.

Their decision overturned two decades of precedent that had given schools the power to censor student speech. It started a debate about how to balance students' freedom of expression with others' rights to be taught in an environment that's safe for all students.

Tinker has been interpreted as giving students the right to protest without being punished by their schools. It also helped pave the way for gay rights movements later in the 20th century.

How did the Bethel School District v. Fraser case differ from the Tinker v. Des Moines case?

It argued that Fraser's speech was no different than the student speech in Tinker v. Des Moines Independent Community School District (1969), in which the United States Supreme Court ruled that school officials could not discipline students who wore black armbands to protest the Vietnam War solely on the basis of fear...

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Lois Bolden

Lois Bolden has been an international journalist for over 15 years. She has covered topics such as geopolitics, energy, environment and development as well as human rights. She is now living in the US where she focuses on covering immigration issues and other hot-topic issues that involve the US in foreign affairs.

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