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Updated: 2/26/2020
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  • Tinker V. Des Moines
  • Facts of the Case
  • hey! lets put us an armband to protest the Vietnam war!
  • No, it should not be a problem with the school.
  • sure! but do you think we can get in trouble?
  • Questions before the court
  • I have the right to express my feelings
  • Constitutional application (what amendment is this issue based on?)
  • First AmendmentFreedom of speechFreedom of Religion Freedom of the pressFreedom of assemblyFreedom to petition the government
  • Students sued their school for banning the wearing of armbands, which they had planned to wear as a protest against the Vietnam War. Students claimed the school violated their First Amendment right to free speech.
  • Arguments for the petitioner (plaintiff)
  • We both have the right to wear armbands!!!
  • 1. Do students have the right to "free speech" guaranteed in the First Amendment?2. Was the wearing of armbands to school an exercise of "free speech"?
  • Arguments for the respondent (defense)
  • Your rights have been violated.
  • This issue was based on the 1st Amendment.
  • This case shows that a school cannot infringe on someone's right to express their opinion. First Amendment did not permit a public school to punish a student for wearing a black armband as an anti-war protest.
  • The students who wore the armband were quiet and the protest was silent. They did not violate anyone else's right and their action followed up their rights in the First Amendment.
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