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Freedom of Expression: Tinker v. Des Moines

Introduction

A legal framework governing the relationships between the government and citizens is largely based on those rights and obligations that are specified in official acts. One of these provisions is the First Amendment that is part of the Bill of Rights and regulates the freedom of speech, press, and religion. In order to analyze its impact, it is possible to consider a landmark Supreme Court case that was directly related to this Amendment. It is the trial Tinker v. Des Moines Independent Community School District that took place in 1969. The evaluation of this trial may allow highlighting the areas covered by the First Amendment and the nuances of its application in practice.

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Case Description and Ruling

The trial was initiated in accordance with the lawsuit of schoolchildren who considered it necessary to appeal to the Supreme Court after the failure at a local hearing. Three students wore black armbands in protest against the Vietnam War. The school administration demanded that students were to remove these accessories and. In response to the refusal to do so, the students were suspended from classes and subsequently sued, arguing their lawsuit about the First Amendment violations.

The validity of the appeal was satisfied, and the Supreme Court upheld the claim of the pupils, confirming that the school violated the rights of the students. In accordance with the decision, a passive civil position did not affect discipline and academic performance, and the decision to suspend one’s work was unjustified. Also, the court ruled that there was no violation of the educational process, and there was no active propaganda work. In this regard, the case Tinker v. Des Moines Independent Community School District was satisfied in favor of the plaintiffs.

Discussion

The case under consideration had a significant effect from the point of view of its influence on society and was further considered as a landmark trial. According to Ried, American society should know its rights and strive to protect them in the way the students did (75). This position is logical, and no administration can establish those rules that contradict the existing legislation. The pupils’ civil position was not associated with an active appeal for extremism or the overthrow of power. The students expressed their views on the country’s foreign policy calmly, and the symbols on their arms could not be a reason for exclusion.

Despite their young age, the students did everything possible to defend their rights. As Abrams remarks, the principles of American democracy are largely governed by the First Amendment, and the rejection of the adolescents’ suit would be the evidence of the gross violation of the country’s laws (113). The pupils expressed their opinion, which was not prohibited at the legislative level. According to Fishman, “the Court treated the wearing of armbands as more “akin to pure speech” than expressive conduct” (119). This position is correct and should serve as a basis for other possible legal proceedings related to the First Amendment.

Conclusion

The example of the case Tinker v. Des Moines Independent Community School District proves that the First Amendment is a serious state document that should be respected. The analysis of the proceedings provides an opportunity to consider the legality of the plaintiffs’ claims and the relevance of their arguments concerning the case. All the freedoms that the First Amendment gives to citizens are an integral part of a democratic society, and their violation is fraught with judicial punishment.

Works Cited

Abrams, Floyd. The Soul of the First Amendment: Why Freedom of Speech Matters. Yale University Press, 2017.

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Fishman, Donald. “The Occupy Movement and the First Amendment: A Quandary.” First Amendment Studies, vol. 49, no. 2, 2015, pp. 115-125.

Ried, Kimberlee. “Upholding Student Rights in the 20th Century: An Examination of Tinker v. Des Moines Independent Community School District.” Social Education, vol. 83, no. 2, 2018, pp. 73-78.

Tinker v. Des Moines Independent Community School District, 393 U.S. 503 (1969). Supreme Court of the United States. Web.

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StudyCorgi. (2021, June 1). Freedom of Expression: Tinker v. Des Moines. Retrieved from https://studycorgi.com/freedom-of-expression-tinker-v-des-moines/

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StudyCorgi. (2021, June 1). Freedom of Expression: Tinker v. Des Moines. https://studycorgi.com/freedom-of-expression-tinker-v-des-moines/

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"Freedom of Expression: Tinker v. Des Moines." StudyCorgi, 1 June 2021, studycorgi.com/freedom-of-expression-tinker-v-des-moines/.

1. StudyCorgi. "Freedom of Expression: Tinker v. Des Moines." June 1, 2021. https://studycorgi.com/freedom-of-expression-tinker-v-des-moines/.


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StudyCorgi. "Freedom of Expression: Tinker v. Des Moines." June 1, 2021. https://studycorgi.com/freedom-of-expression-tinker-v-des-moines/.

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StudyCorgi. 2021. "Freedom of Expression: Tinker v. Des Moines." June 1, 2021. https://studycorgi.com/freedom-of-expression-tinker-v-des-moines/.

References

StudyCorgi. (2021) 'Freedom of Expression: Tinker v. Des Moines'. 1 June.

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