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  • Tinker v. Des Moines Independent School District (1969)
  • Facts
  • We're against the Vietnam War.
  • Question Before the Court
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  • Constitutional Application
  • We want to use our right to freedom of speech!
  • Students wore armbands to school to protest against the Vietnam War. The school banned their armbands and the students sued the school.
  • Arguments for the petitioner (plaintiff)
  • Take off those armbands now. They are a disturbance.
  • 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)
  • We cannot allow those students to wear those armbands!
  • The amendment that this issue is based on is the First Amendment. 
  • We have the right to wear the armbands to school because it is peaceful and does not cause a disturbance. We are only exercising our the rights of freedom of speech given to us by the First Amendment.
  • We can wear these armbands because the First Amendment gives us the right to freedom of speech
  • The students should not be allowed to wear those armbands to school because they disrupt the learning environment and cause distractions. 
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