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What is the Tinker Standard and how does it affect schools today?

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Abby Juan

on 31 December 2011

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Transcript of What is the Tinker Standard and how does it affect schools today?

What is the Tinker Standard and how does it affect schools today? Citations Thank you for your attention! :) Defines students' rights to symbolic speech.
States that students have the right of free speech unless it disrupts classwork or abuses the rights of others, a point which Justice Hugo Black brought up when he expressed that he was against the diversion of "students minds from their regular lessons."
However safety in schools must still be maintained just as Rev. Joe Darby said, "The limit on free speech ends where public safety begins." In 1965, a group of high school students in Des Moine, Iowa, (Mary Beth Tinker, John Tinker, and Christopher Eckhart) wore armbands to protest against the Vietnam war.
This led to the Tinker v. Des Moine case of 1969 held in the U.S. Supreme Court.
It became a landmark case determining whether the rights stated in the First Amendment extended to students on school grounds.
An example of how the Tinker Standard may be applied in schools today is the way that students congregate in clubs that support common religion.
At my school, some students gather around the courtyard flagpole to say a morning prayer. Their right to religious expression is protected by First Amendment rights.
Just as Justice Abe Fortas stated: "It can hardly be argued that either students or teachers shed their constitiutional rights to freedom of speech or expression at the schoolhouse gate." Definition Background Facts Today Black, Hugo. "Court's Minority Opinion (1969)." U.S. Supreme Court, Tinker v. Des Moines Independent Community School Dist. http://www.sascurriculumpathways.com/portal/Launch?resource=1186&bhcp=1, December 22, 2011.
Darby, Joe. "Student Told to Change Rebel Flag Shirt." Associated Press. http://www.sascurriculumpathways.com/portal/Launch?resource=1186&bhcp=1, December 22, 2011.
Fortas, Abe. "Court's Majority Opinion (1969)." U.S. Supreme Court, Tinker v. Des Moines Independent Community School Dist. http://www.sascurriculumpathways.com/portal/Launch?resource=1186&bhcp=1, December 22, 2011. By: Abigail Juan
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