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Does the prohibition against the wearing of armbands in a public school, as a form of symbolic protest, violate the First Amendment's freedom of speech and expression protections?
The court decided that the wearing of armbands was " an act of pure speech" protected by the First Amendment. School environments imply limitations on free expressions, but here the principals lacked justification for imposing such limits. The principals also failed to show that the forbidden conduct would substantially interfere with school discipline.
The Court stated that the students had protection under their first amendment rights, the freedom of speech and expression. The Justices said that the wearing of colored armbands in protest of an idea was protected by these rights. The freedom of expression which is similiar to the freedom of speech rationalizes their decision. The justices found it constitutional to wear the armbands in school to protest the war. Also, the justices stated that the principals lacked jurisdiction for imposing any limits on the first amendmeent rights of the students. Also, the principals failed to show that the conduct would interefere with appropriate school discipline.
Justices Hugo Black and John Harlan dissented the Supreme Court's Decison in the case. Black personally believed that disruptive symbolic speech, should not be constitutionally protected under the first amendment. He didn't believe that people can give speeches or engage in demonstrations whenever and wherever they want. Harlan dissented that he found nothing in this record which censors the good faith in respondents promoting armband regulation.
The court's decision was right. The students' actions are protected under the first amendment, of freedom of speech. In wearing the black armbands in protest they were not directly affecting any of the other students in the school. What the students did was freedom of expression, which is closely similar to freedom of speech. The students were showing what they wanted to say with out actually saying it. Therefore, the decision the court made was the correct one.
I personally believe that the court made the correct decision in the Tinker vs. Des Moines case. The principals of the Des Moines public schools had obviously violated the students rights to freedom of speech and expression by instituting a policy not allowing them to wear the armbands protesting the war to school. By suspending the pupils without a legitimate enough reason, the school was unfairly violateing the students first amendment rights. I also believe that the wearing of these armbands most likely didn't disrupt the conduct of the students nor did it effect others students learning process in the school. The Supreme court's decision was correct because the Tinker's were unjustly suspended and had their constitutional rights breached.
Plantiff: Tinkers Defendent: Des Moines
Mary Beth and John Tinker
Political cartoon about the Tinker vs. Des Moines case.
The wearing of armbands was "closely akin to 'pure speech'" and protected by the First Amendment. School environments imply limitations on free expression, but here the principals lacked justification for imposing any such limits.The principals had failed to show that the forbidden conduct would substantially interfere with appropriate school discipline.