Student SpeechSymbolic Speech
1969
Turbulent TimesCountry was embroiled in conflict regarding
the Vietnam War. This conflict was not approved by Congress but from a police action that escalated over time.
Many did not want to fight in this conflict with unclear war aims, and as a result, many tried to dodge the draft.
The country was divided on this war and many youth actively protested.
Essential Questions
What is Symbolic Speech?When is Symbolic Speech
Protected?How does a School Identify
“Disruptive” Speech?How Disruptive is “Disruptive”?
Facts of the CaseIn 1965, John and Mary Beth Tinker attended
public school in Des Moines, Iowa.
Tinker’s were part of group protesting the Vietnam War
To publicize their opposition to the Vietnam War, they wore black armbands to school.
Principals in the school district, created a rule that any student wearing an armband to school would be suspended unless the armband was removed.
What do you think the Tinkers (and a friend- Chris Eckhardt) did?
Tinkers finally returned to schoolTheir fathers filed a suit in the U.S. District Court
Asked for damages and an injunction to stop school officials from continuing the armband policy.
District Court Decision: School officials policy was reasonable. What were the school officials hoping to avoid?
Tinkers appealed the case to the US Court of Appeals- this ended in a tie vote. So, which decision was enforced?
Next Step
What types of symbolic speech is Protected?Does it matter that the speech was in a school?It is not clear to what extent “hate” speech is
protected.What types of expressive acts are considered
“speech”?Does what is going on the country at the time
matter(Vietnam War)Did the armbands cause a serious disturbance at the
school?Were all political symbols banned? (Iron Cross – Nazi
symbol was allowed.)
Sides of the casePlaintiff: Tinker Defense: Des MoinesStudents are entitled to
free speech too._____ Amendment protects
our right to free ________Other symbols (more
hurtful) are allowed in school
____ Amendment also protects the rights of the people
_____ Amendment offers equal protection
Must be concerned with the safety and welfare of all of the students.
School work could be disrupted.
Primary purpose of school is __________________
There could be threats of violence on school grounds
Other CasesSchenck v. United States 1919
Individuals could be punished for distributing anti- war pamphlets (which war?) Clear and present danger
Thornhill v. Alabama 1940Picketing is a form of symbolic speech
West Virginia v. Barnette 1943Freedom of expression allowed in schools
Morse v. Frederick 2007
Supreme Court ruled that the First Amendment would prevent educators to suppress speech at a school sponsored event if speech could be promoting drug use.
5-4 Decision
Chief Justice Earl Warren
VOTE- Who won?????
7-2 Decision in favor of the TinkersMajority Opinion Students keep their constitutional
right of freedom of speech while in public School
School officials must provide constitutionally valid reasons for regulating student expression
School officials must show: “material and substantial disruption” with the discipline and education of students
Wearing armbands was a “silent, passive expression of opinion”
Students do not “shed their constitutional rights to freedom of speech or expression at the schoolhouse gate.”
Dissenting (minority) Opinion
“myth to say that any person has a constitutional right to say, what he pleases, where he pleases and when he pleases.”
Armbands were a distraction taking students minds off their school work
Ruling too restrictive on school officials- limiting control over their schools
There must be recognition of authority of schools and school officials.
My SONG tune of “Blowing in the Wind”How many times must the Tinkers tryTo stand up for their rightsYes and how many ways can the district
say Armbands off or begin to fight
The answer I say is FREEDOM all the wayThe answer is free expression everyday
Why can’t the kids protest the warIt’s protected in our Bill of RightsYes and why was Vietnam such a tragic
timeWith so many unnecessary fights
The answer I say is FREEDOM all the wayThe answer is free expression everyday
How can some symbols be allowedAnd others be unfairly deniedYes and how can the school say yes to the
Nazi signAnd NO to a champion of light
The answer I say is FREEDOM all the wayThe answer is free expression everyday
Our justices vote to affirm our rightsThere was no disturbance or disorder in
schoolYes and now we are free to share our
viewsStudents thoughts can not be overruled
The answer I say is FREEDOM all the wayThe answer is free expression everyday
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