tinker

tinker
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  • Case File
  • CASE FILE
  • Facts of the case
  • You cannot do that. It violates our freedom of speech.
  • Do not come back to school  with those black armbands 
  • Question before court
  • The First amendment gives us the right to freedom of speech. But...... Does freedom of speech apply to this situation?
  • Tinker v. Des Moines
  • Constitutional Application
  • The First amendment gives us the right to freedom of speech, religion, assembly, petition and press. In this issue we are focusing on freedom of speech.
  • The case involves 3 minors—John Tinker, Mary Beth Tinker and Christopher Eckhart—who were each suspended from their schools for wearing black armbands to protest the Vietnam War.Through their parents, the students sued the school district for violating the students' right of expression and sought an injunction to prevent the school district from disciplining the students. 
  • Argument for the petitioner 
  • The school district is violating the students rights of freedom of speech by suspending them for wearing black armbands to support their belief in the Vietnam war
  • Does a prohibition against the wearing of armbands in public school, as a form of symbolic protest, violate the students' freedom of speech protections guaranteed by the First Amendment?
  • Argument for the respondent
  • It was very disruptive to the other students. No freedom of speech in schools.
  • This issue is based on the First Amendment.
  • The petitioner argued that the school district was violating the students right of expression.
  • The respondent argue that it showed a lack of discipline and that it was disruptive to the other students. No freedom of speech in school.
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