| toushirou |
2007-09-18 07:17 |
Li Li 9-17-07
U s Government Mr. Reingold
The Tinker V. Des Moines School Dist (1969)
Fact- 3public school in Des Moines School, Iowa were suspended from school for wearing black armbands to protest the Vietnam
-for the student who were wearing black armband will sent home and suspended from school until they take the armband off
-nominal damages and an injunction against a regulation that was within the boards power that cause despite absence of any finding of substantial interference with conduct of school activities
-the court appeals , sitting en banc , affirmed by equally divided
-1 in wearing of armband the petitioners quit and passive (they were not impinge upon the right of other circumstance , conduct within protection of free speech clause 1 amendment also clause of 14 amendment
-2) 1 amendment right are available to teacher , student to application in light of special character of school environment
-Prohibition against of expression of opinion without any evidence
Legal issue – did the school district the students violate the 1 amendment right to freedom of speech by not permitting them to wear the black armbands as a way of a protesting against the war of in Vietnam ? On December 14, 1965,Policy see any student wearing an armband to school would be asked to remove it, Petitioners were aware of the regulation that the school authorities adopted. There is here no evidence whatever of petitioners' interference, this case does not concern speech or action that intrudes upon the work of the schools , students are the basis of our national strength and of the independence often disputatious, society.
Decision of the court - Ordered to refrain from wearing the armbands in school by the elected school officials and the teachers apparently school system's 18,000 pupils deliberately refused to obey the order. took the students' minds off their school work also diverted them to the highly emotional subject of the Vietnam war. |
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