The Supreme Court Case Of Tinker V. Des Moines
The 1st Amendment of the Bill of Rights in the Constitution of the United States of America states as follows: “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances”. The Supreme Court case Tinker v. Des Moines (1969) is a landmark case that established whether or not students leave their 1st Amendment rights at the school gate. In December 1965, Mary Beth Tinker, a 13-year-old junior high student, gathered a group of students and decided to wear black wristbands that protested the Vietnam War. When asked to take the wristbands
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Des Moines court case was written by Justice Abe Fortas. Its contents contribute to the ideas of those who believe certain kinds of speech should not be prohibited within an educational setting. In this majority opinion statement, Justice Abe Fortas reveals that there is an “absence of a specific showing of constitutionally valid reasons to regulate [students’] speech” (Tinker v. Des Moines Independent Community School District by Justice Abe Fortas par. 9). Because of this absence of reason, students should be allowed to express their opinions and views on topics of their choice. Justice Abe Fortas justifies his statement by referencing another court case that says “school officials cannot suppress ‘expressions of feelings with which they do not wish to contend’ Burnside v. Byars, supra, at 749” (par. 9). Through the suppression of free thinking by the government it, in a way, disrupts the original intent of the Framers and of the Constitution, which was to form a more perfect Union, establish Justice, insure domestic tranquility, provide for the common defence, promote the general welfare, and secure the Blessings of Liberty, as outlined in the Preamble. Those who believe in these ideals of the Constitution should also believe in the allowance of student expression in schools because they are directly
Des Moines court case was written by Justice Abe Fortas. Its contents contribute to the ideas of those who believe certain kinds of speech should not be prohibited within an educational setting. In this majority opinion statement, Justice Abe Fortas reveals that there is an “absence of a specific showing of constitutionally valid reasons to regulate [students’] speech” (Tinker v. Des Moines Independent Community School District by Justice Abe Fortas par. 9). Because of this absence of reason, students should be allowed to express their opinions and views on topics of their choice. Justice Abe Fortas justifies his statement by referencing another court case that says “school officials cannot suppress ‘expressions of feelings with which they do not wish to contend’ Burnside v. Byars, supra, at 749” (par. 9). Through the suppression of free thinking by the government it, in a way, disrupts the original intent of the Framers and of the Constitution, which was to form a more perfect Union, establish Justice, insure domestic tranquility, provide for the common defence, promote the general welfare, and secure the Blessings of Liberty, as outlined in the Preamble. Those who believe in these ideals of the Constitution should also believe in the allowance of student expression in schools because they are directly