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Tinker v. Des Moines Public Schools, 1969 Tinker v. Des Moines Public Schools, 1969

Tinker v. Des Moines Public Schools, 1969 - PowerPoint Presentation

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Tinker v. Des Moines Public Schools, 1969 - PPT Presentation

By Elissa Wentt amp Eunice Marbella Case Description In 1965 three Iowa public school students John F Tinker Mary Beth Tinker Christopher Eckhardt wore black armbands to their schools to protest the Vietnam War All three of them violated the school policy banning the wearing of ID: 423459

court school students tinker school court tinker students district moines 1969 des web speech 2013 apr protest case armbands policy war www

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Slide1

Tinker v. Des Moines Public Schools, 1969

By:

Elissa

Wentt

& Eunice MarbellaSlide2

Case Description

In 1965, three Iowa public school students (John F. Tinker, Mary Beth Tinker Christopher Eckhardt), wore black armbands to their schools to protest the Vietnam War. All three of them violated the school policy banning the wearing of arm bands to school. As a result, they were all suspended until after January 1, 1966 when their protest was scheduled to end.

Soon after, The Iowa Civil Liberties Union confronted the families which then resulted in the ACLU agreeing to assist the family in filing suit with the U.S. District Court. They then upheld the decision of the school board. The suit then made its way to The U.S. Court of Appeals, where it received a tie vote, and then to the U.S. District Court. Finally, in 1969, the case made its way directly to the Supreme Court where the court ruled in a 7-2 decision that the students had the right to wear armbands to school to protest the war.Slide3

Historical Setting

President: Richard Nixon

Chief Justice: Earl Warren

Year: 1965-1969

Events:

Martin Luther King Jr. begins a drive to register black voters

Nuclear test at Pacific Ocean

USSR performs nuclear test at Easter Kazakh.

Semipalitinsk

Martin Luther King Jr. begins march from Selma to Montgomery, Alabama.Slide4

Explain Key Terms

Promulgated – To declare something to be known publically.

En banc – French term that means “on (a) bench” and it is often used to consider cases of greater importance.

Certiorari – It is a writ or an order which a higher court reviews a the decisions of a lower court.

Memorandum – It is a short note that is something to be remembered for future reference.

Respondent – A person/company/institution sued (defendant) in a lawsuit.Slide5

Constitutional Grounds

U.S Constitution amends I,XIV; 42 USC 1983

The first amendment being applied through the fourteenth amendment does not permit a public school to punish students for anti-war protests.Slide6

Opposing Viewpoints

For

The policy adopted denying the students the right to protest by wearing armbands was adopted as a result of a family meeting held in the

Eckhardt

home a few days earlier.

The policy infringed upon the first amendment right of speech.

Against

The students violated a school policy and should therefore be punished accordingly

The armbands caused disruption during school including: comments and warning from other students, teasing, and threatsSlide7

Court Opinions

Majority opinion: Fortas, Warren, Brennan, White, Douglas, Marshall

Concurring opinion: Fortas, Warren, Douglas, Marshall

Dissenting opinion: Black, HarlanSlide8

Significance of Decision

This case is a frequently-cited court precedent for speech rights for students. The significance of this case is that the U.S. Supreme Courts decision gave students’ the rights to a freedom of speech and symbolic speech rights in school if it does not disrupt or gain too much attention in school.Slide9

Support or Oppose

Before all the information on the case had been collected, we believed that the students deserved to be suspended, but with a little more research our opinion changed. The rule stating that any student wearing an armband would be suspended was adopted a few days after the

Eckhardt

family congregated for a meeting to protest the Vietnam War. This was infringing upon their rights. The armbands did not violate any previous dress code; it was only adopted to silence the family.Slide10

Works Cited

"Tinker v. Des Moines Independent Community School District."

Wikipedia.com

. Wikipedia,

n.d.

Web. 15 Apr. 2013. <https://en.wikipedia.org/wiki/Tinker_v._Des_Moines_Independent_Community_School_District

>.

 "Historical Events for Year 1965."

Historyorb.com

. History Orb,

n.d.

Web. 15 Apr. 2013. <http://www.historyorb.com/events/date/1965

>.

"Tinker v. Des Moines School District (1969)."

Infoplease

.

Infoplease

,

n.d.

Web. 19 Apr. 2013. <http://www.infoplease.com/us/supreme-court/cases/ar39.html

>.

"Tinker v. Des Moines School District (1969)."

Tinker v. Des Moines School District (1969)

. Bc.edu,

n.d.

Web.

15 Apr

. 2013. <http://www.bc.edu/bc_org/avp/cas/comm/free_speech/tinker.html>.

Merriam-Webster

. Merriam-Webster,

n.d.

Web.

15 Apr

. 2013. <http://www.merriam-webster.com/dictionary/>.