Monday, March 25, 2013

Freedom of Speech?

A famous Supreme Court case is Tinker v. Des Moines Independent School District, from 1969. Read the background of the case and the Supreme Court's ruling, then discuss your thoughts and ideas about the case and the ruling. Do you agree or disagree with the court's decision? Why or why not?

Background
In December 1965, John and Mary Beth Tinker and their friend Chris Eckhardt wore black armbands to school in to protest the war in Vietnam. School officials told them to remove the armbands, and when they refused, they were suspended. With their parents, they sued the school district, claiming a violation of their First Amendment right of freedom of speech. Ruling
The Supreme Court sided with the students. Students and teachers still have their constitutional rights to freedom of speech or expression at the school, the Court said. The Court did not, however, grant students an unlimited right to self-expression. It said First Amendment guarantees must be balanced against a school's need to keep order: As long as an act of expression doesn't disrupt classwork or school activities, or invade the rights of others, it's acceptable. Regarding the students in this case, they only were wearing a black armband and weren't causing any disruptions or invading the rights of others. They caused discussion outside of the classrooms, but no interference with work and no disorder.

22 comments:

Tessa said...

I believe that there is no problem with the students protests. The students were not disrupting any activities in the school, and the only way to recognize the protesters from normal everyday students was that the students were wearing black armbands! The only rebellious actions were conversations outside of the classroom.
If they didn't cause any disruptions, why would you stop kids from expressing their rights?
I believe that the fair ruling would be to ignore all student protests, and not bend or change ordinary routine.

Matthew P said...

I agree with the court because the children weren't breaking any rules. Freedom of speech allows everyone to share their opinion. Also the supreme court sided with the students and they are proffesionals. And it's not bad to where black wrist bands to school (unless it is against the school dress code). The teachers probally suspended the students because they had different opinions. That's not fair!

Jullie said...

I would agree with court because no one was doing any thing wrong.Anyways everyone should have a opionins aloud.And it does not matter if you wear black wristbands because its not a rule for school right now but if it was a rule that your not suppose to then you would not get to wear black wrist bands.They might of suspended the students and that probably was not fair but they had to do it that time.And thats the time when it must have benn unfair.

Charlotte said...

The students didn't do anything to disrupt the other children while they were doing their school work. I don't think the children should've been epspelled because they were expressing their feelings. Wearing black wrist bands doesn't change anything that's going on at school. I really do agree with the court. You should be able to have freedom in a lot of different ways!

Kai. said...

I agree with the court too. How can black wrist bands harm anybody? It's not like it will punch the teachers in the nose. Even if it did offend the teachers they can always ignore them. As an American we have freedom of speech. A wristband is small and non disruptive- people need to know that they can make a stance in order to make change.

Ryan said...

I think there is nothing wrong with the students protests. They didn't harm or hurt anyone. Also they didn't interfer with other students or teachers activities. All they were doing was wearing armbands. It's not like they were parading around the school with signs. I think the court was correct.

Desiree said...

I agree with Supreme Court because they weren't hurting anybody.The teachers probably suspended the students because they had different opinions and I think it's not fair because even if you have different opinions why would you suspended the student...? The students and teachers still have their rights and freedom of speech or expression at the school but why would they care about the black armbands even if they have a war in Vietnam the could still wear black armband to school.(3-5 is a paragraph)

.Alexander. said...

I agree with the court with this case. Unless it was a school rule that they couldn't wear anything on their arms. Also they weren't breaking any rules on school ground. They also weren't disturbing any of the other children at class or any time of day. Also what were they doing wrong like Matthew P said, they probably had different opinions. that is why I think the court right.

james said...

I agree with the court. Because it is just an object heck it's not even alive. It is no harm to students unless they have student hate black. It's not even hurting the kid. No phisicl mental socil problems. I think just wear it remeber it is a band.

Romana said...

I think that the court was right because the kids didn't do harm and didn't disrupt the class.The kids were wearing black armbands to school to protest the war in Vietnam. I don't think anyone wouldn't let a kid wear an armband. And it's not bad to where black wrist bands to school.The teachers probably suspended the students because they had different opinions. That's not fair!

Tristan:). said...

I agree with the court because first of all, the first amendment of the U.S constitution is Freedom of Speech. Second of all, the students were not harming anybody. All they were doing is wearing black wristbands. It was not like they were going to punch someone. I would also do the same thing that the students did because war is stupid. (if someone said that)

matthew s said...

I agree with the Supreme Court's ruling because no law was violated by the children. People still need to have their freedom of speech, as said in the Bill of Rights. The Supreme Court also said that the children could have their freedom if their protest wouldn't disturb others during class. I like that because then i can learn at school. I also like how the Supreme Court said that the students could not have unlimited amount of freedom.

laura;) said...

I belive that there is no proteste with the stundts.No disrupting activates.Why whould you stop those kids from there rights.The only actions were out side the school grounds.Thats why i think that there was no problom with the kids protests.

Laura:) said...

Ps the students did not do anything to disrupt the other kids while doing school work.

Lauren said...

Well I think that there is nuthing wrong with wearing black wirstbands.They also diden't disturb the class and they were still did there work.The only proteste was outside school grounds.There was also no law voilated by the children.So thats why I think those children should not be suspended.

Ibrahim said...

I think, there is no problem,with them wearing armbands.Only because it does not break rules or disturb anyone. If people are not comfortable with wearing them they should not be forced to wear it. Everyone has different opinions, they shouldn't be forced to do anything they don't want to do, but I don't think it should be a problem.

Alivia said...

I agree with the Court's ruling. I think that the students shouldn't be in trouble for something that they believe in. Everybody has there own opinion and feelings about things. As long as you are not hurting anyone or causing distractions it should be fine. I think it is not fair that they they got suspended from school for just wearing a wristband because people wear things that others might not like. Plus anything could be a destraction.

Nina :) said...

I agree with the court because the kids weren't breaking any rules. As an american citizen, you have freedom of speech, and you can take a stand for what you believe in. The kids were not disturbing the class, or harming anyone. The kids were just making a point in something they believe in. Always believe!!!!!!

Richa :) said...

I think what the kids did was wrong. They just should've understood that 3 children wearing black armbands wouldn't change anything. The reason I think they weren't wrong was that they didn't disrupt class nor did they stop any activities from being done. That is why I think what the kids did was constitutional.

Adam said...

I agree with the court. They weren't breaking any rule by wearing stuff a round their wrist. Maybe they didn't know that you are not allowed to wear stuff on your wrist. The black bands didn't disturb any class activities. The teachers suspended them for having different opinions. Lets say the teachers have different opinions and the principal suspends them for two months the teachers are going to be mad. That's unfair. they should be allowed to wear stuff on your arm. It doesn't hurt anybody. It is constitutional.

liam said...

i agree with the court. The kids breaking the rules.Also the bands were not disturb the class activets. Antoher reason i think the court is right is dose not hurt anybody. Mabey they are new and did not know the rules.It is constitlul

liam said...

opps i meant the kids are not breaking the rules