THE COLD WAR 1950 1973
THE VIETNAM WAR
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Question
[CLICK ON ANY CHOICE TO KNOW THE RIGHT ANSWER]
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The students and parents sued the school district claiming a violation of their first Amendment right of freedom of speech.
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The school district wanted to search the bags of the students.
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The parents did not want their children wearing black arm bands in school.
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The students felt that their freedom of religion was violated.
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Detailed explanation-1: -Tinker v. Des Moines is a historic Supreme Court ruling from 1969 that cemented students’ rights to free speech in public schools. Mary Beth Tinker was a 13-year-old junior high school student in December 1965 when she and a group of students decided to wear black armbands to school to protest the war in Vietnam.
Detailed explanation-2: -Arguments for Tinker: Students are people with Constitutional protections. Wearing armbands was symbolic speech protected by the First Amendment. Wearing armbands was not disruptive. Wearing armbands did not infringe on anyone else’s rights.
Detailed explanation-3: -Background: At a public school in Des Moines, Iowa, students organized a silent protest against the Vietnam War. Students planned to wear black armbands to school to protest the fighting but the principal found out and told the students they would be suspended if they wore the armbands.
Detailed explanation-4: -By deciding that school officials cannot censor student speech unless it materially and substantially disrupts the educational process the court set a precedent that is still cited in student free speech cases, including Hazelwood v. Kuhlmeier and Morse v. Frederick.
Detailed explanation-5: -The Supreme court held that the armbands did represent symbolic speech that is entirely separate from the actions or conduct of those participating in it. Students do not lose their 1st amendment rights when they step onto school property.