Question

Examine and summarize the case of Tinker v. Des Moines Independent Community School District. In your paper explain the background of the case, the progression of the case to the Supreme Court, the Supreme Court’s decision and justification for the ruling as it relates to State control over schools. Compare and contrast the decisions of the various courts and how the case progressed. What might be a similar situation today? Why is this considered such an important case? Your paper should be 3-5 pages in length. Use the items listed in these instructions as subheadings.

Answer 1

Case of Tinker v. Des Moines Independent Community School District:

Facts of the Case (Background):

Petitioner: Tinker

Respondent: Des Moines Independent Community School District

Location: Des Moines Independent Community School District

Decision taken by: Warren Court

Lower Court: United States Court of Appeals for the Eighth Circuit

Citation: 393 US 503 (1969)

Argued: Nov 12,1968

Decided: Feb, 24, 1969

Summary of the Case:

In 1965 there was Vietnam war going on. At that time, the resident of Des Moines, Iowa John F. Tinker and his siblings, along with their friend decided to wear black armbands in order to support for the protest of Vietnam War and Christmas Truce called for by Senator Robert F. Kennedy. They wore the black armbands and went to the school. As the principal of the school learned about the plan so he amended the laws, policies or rules of the school. It was stated that the students who come to school with black armbands in their hand would be asked to remove immediately and who violates the policies would be suspended till they come school without armbands. The participant decided to violates the policy of school. Hence, they were suspended from the school because of wearing the armbands until after January 1, 1966, when their protest had been scheduled to end.

A suit has been filled in the U.S. District court by the family of the students. This was supported by Iowa Civil Liberties Union and ACLU. They filled a petition as the right of free speech in the school is violated.

Progression of Case in Supreme Court:

A tie vote in the U.S. Court of Appeals for the 8th Circuit meant that the U.S. District Court's decision continued to stand and forced the Tinkers to appeal to the Supreme Court directly. The case was argued before the court on November 12, 1968.

Supreme Court’s decision and justification for the ruling as it relates to State control over schools:

The supreme court given the decision in favor of the Students. Majority of its jury members stated that the right to free speech should not be violated. It should be protected and said, "Students don't shed their constitutional rights at the school house gates."

Laws applied in the case was U.S. Const. amends. I which states that US Constitution prevents congress from making any law which violates respecting an establishment of religion, free exercise of religion, freedom of speech, the right to peaceably assemble or petition for a governmental redress of grievances.

Law XIV is the amendment which states that citizenship rights and equal protection of the laws and was proposed in response to issues related to former slaves following the American Civil War.

Law Title 42 U.S.C. applied here which dealing with public health, social welfare, and civil rights.

Decisions of the various courts:

High court has rejected the suit filed by the Tinker family against the Des Moines Independent Community School District. They stated that the it should be prevented any activity which is related with any protest or cause unusual situation in the community.

Supreme court jury members but supported the Tinker as they said that the freedom of speech is a right of the children and it should be protected by the congress.

This case is considered as the important case because if at that period of time the justice was not done then students would not raise the voice against the issues which may near by happen in future. So, they don’t have the freedom of speech right. They neglect the issues which may cause the unbalanced society.

The similar situation today might be schools may dissent the voice of students in the society. They follow their own code or policies as per their choice.