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Tinker vs. Des Moines (1969)
Transcript of Tinker vs. Des Moines (1969)
(1969) Presiding Justice
Earl Warren Court Case Decision 1. In wearing armbands, the petitioners were quiet and passive. They were not disruptive and did not impinge upon the rights of others. In these circumstances, their conduct was within the protection of the Free Speech Clause of the First Amendment and the Due Process Clause of the Fourteenth. Pp. 505-506. 2. First Amendment rights are available to teachers and students, subject to application in light of the special characteristics of the school environment. Pp. 506-507 3. A prohibition against expression of opinion, without any evidence that the rule is necessary to avoid substantial interference with school discipline or the rights of others, is not permissible under the First and Fourteenth Amendments. Pp. 507-514. By:
Abby Williams http://www.bc.edu/bc_org/avp/cas/comm/free_speech/tinker.html
http://en.wikipedia.org/wiki/Tinker_v._Des_Moines_Independent_Community_School_District 7-2 Parties Involved John F. Tinker
Mary Beth Tinker Des Moines School District && Plantiff: Tinker Defendant: Des MoInes school district MR. JUSTICE BLACK MR. JUSTICE HARLAN Dissenting opinons Concurring Opinon MR. JUSTICE STEWART Author of Majority opinion MR. JUSTICE FORTAS Does this case involve a constitutional issue? Yes, this was a violation of 1st amendment right to free speech. What were the legal issues or constitutional principles that the court had to interpret in order to arrive at a decision? Facts Mary Beth Tinker, John Tinker, and Christopher Eckhardt wore black armbands to school in protest of the Vietnam War.
The school district became aware of the plan to wear the armbands and put a ban on the armbands.
Anyone caught wearing the armbands would be asked to remove them and if they did not they would be suspended.
The Tinkers and Eckhardt did not return to school until the ban was over. Did free speech extend in the school environment? Majority Opinion wearing the armbands is within the free speech clause of the First Amendment.
Wearing of the armbands does not cause a disruption in the school environment.
first amendment rights cannot be completely stripped once the student or techer has stepped on school grounds
The court used previous court cases to examine other first amendment rulings and found that if they extended the rights for these cases, they should extend rights for this case. Dissenting Opinions MR. JUSTICE WHITE Concurring Opinons MR. JUSTICE WHITE
did not think that the rights of children should be the same as those of adults wants the courts to continue to recognise the distiction between acts and words. He also stated "I do not subscribe to everything the Court of Appeals said about free speech in its opinion in Burnside v. Byars" MR. JUSTICE BLACK Does not believe that rights should extend in school
does not believe protests should be allowed in schools MR. JUSTICE HARLAN Believes the school was motivated by prohibiting a particular point of view.
Believes schools should answer to the widest authority. What were the immediate effects of the court's decison? How is this case important in today's society? The students were allowed to return to school with the armbands.
This case was included in the following cases
Bethel School District v. Fraser
Hazelwood v. Kuhlmeier
Morse v. Frederick What precedent was set by the courts decision? Rulings in other cases such as
West Virginia v. Barnette
Stromberg v. California
Thornhill v. Alabama
Edwards v. South Carolina
Brown v. Louisiana
Cox v. Louisiana
Adderley v. Florida
Meyer v. Nebraska
Bartels v. Iowa
and many others... My opinion: I believe this case was very influential in may court cases that came after it. If it would have not been for this case it is possible that we would not have the liberties we do today in school. We might not be able to wear certain shirts for contriversial topics among many other things. MR. JUSTICE STEWART