In a 7-2 decision, the Supreme Court's majority ruled that
neither students nor teachers “shed their constitutional rights to freedom of speech or expression at the schoolhouse gate
.” The Court took the position that school officials could not prohibit only on the suspicion that the speech might disrupt the learning …
What rule was articulated in the Tinker ruling?
Byars (5th Cir. 1966), Fortas articulated what has come to be known as the Tinker standard—
school officials cannot censor student expression unless they can reasonably predict that the expression will create a substantial disruption or material interference in school activities or invade the rights of others
.
What amendment did Tinker v Des Moines violate?
The 1969 landmark case of Tinker v. Des Moines affirmed
the First Amendment rights
of students in school. The Court held that a school district violated students' free…
Do you agree or disagree with the Supreme Court ruling in Tinker v Des Moines Independent Community School District briefly explain your position?
Yes
. Justice Abe Fortas delivered the opinion of 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.
Why did the Supreme Court ruled in favor of the students who wore armbands?
They ruled in favor of the students. It held that armbands were
form of “speech” because the armbands were symbols representing ideas
. What amendment protected the students rights to wear the arm bands in the Tinker Case?
What is the 26th Amendment?
The right of citizens of the United States, who are eighteen years of age or older,
to vote shall not be
denied or abridged by the United States or by any State on account of age.
Why did the Supreme Court agree to hear Tinker v. Des Moines?
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.
What was tinkers argument?
Decision and Reasoning
The dissent argued that
the First Amendment does not grant the right to express any opinion at any time
. Students attend school to learn, not teach. The armbands were a distraction.
Who won the Tinker case?
Decision: In 1969 the United States Supreme Court ruled in a 7-2 decision in favor
of the students
. The high court agreed that students' free rights should be protected and said, “Students don't shed their constitutional rights at the school house gates.”
Why was Justice Black so concerned about the court's decision in the Tinker case?
Justice Hugo Black dissented. He pointed out that the
case involved a small number of students who refused to obey the instructions of school officials
, and argued that allowing this behavior would have a negative effect on schools and on the country as a whole.
What is the significance of Tinker v Des Moines quizlet?
In 1969 the United States Supreme Court ruled in a 7-2 decision in favor of the students. The court agreed that
students rights should be protected
and said, “Students don't shed their constitutional rights at the school house gates.”
Why did the Supreme Court find their suspension unconstitutional?
Why did the Supreme Court find their suspension unconstitutional? The Supreme Court found their suspension unconstitutional
because the arm bands were considered “Pure Speech
.” The armbands did not cause interference with school work. … Wearing armbands counted as symbolic speech.
What other forms of student speech in school are protected under the Tinker decision?
The Court in Fraser distinguished the political speech of the Tinker armbands with the vulgar and lewd words chosen by Matthew Fraser. The result was a new rule – public school officials can prohibit student speech
that is vulgar, lewd, or plainly offensive
.
What do black armbands mean?
In Western culture, a black armband signifies that
the wearer is in mourning or wishes to identify with the commemoration of a family friend, comrade or team member who has died
. … In association football, it is common for a team to wear black armbands in their next match after the death of a former player or manager.
How did the Supreme Court rule in the Miranda decision?
How did the Supreme Court rule in the Miranda decision?
Ernesto Miranda was found guilty on all counts
. … Ernesto Miranda could not be tried twice for the same crime. Ernesto Miranda did not have the right to avoid self-incrimination.
Which example violated the Free Exercise Clause?
For example,
if the government refuses to provide certain services (i.e., fire and police protection) to churches
, that might violate the free exercise clause. If the government provides too many services to churches (perhaps extra security for a church event), it risks violating the establishment clause.
