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Students in des moines, iowa, school district protested war by wearing black armbands. Parents appealed case to the supreme court, citing students' freedom of speech. If you were a Supreme Court justice, how would you rule and why? Write "tinker" on the line if the argument was used in Tinker v. Des moines.
Students in des moines, iowa, school district protested war by wearing black armbands. Parents appealed case to the supreme court, citing students' freedom of speech. If you were a Supreme Court justice, how would you rule and why? Write "tinker" on the line if the argument was used in Tinker v. Des moines.
Students in des moines, iowa, school district protested war by wearing black armbands. Parents appealed case to the supreme court, citing students' freedom of speech. If you were a Supreme Court justice, how would you rule and why? Write "tinker" on the line if the argument was used in Tinker v. Des moines.
Tinker v. Des Moines School District (1969) During the Vietnam War, students of Des Moines, Iowa school district decided to protest the war by wearing black armbands to school. The principals of these schools announced that if students refused to remove the armbands they would be suspended. As a result Mary Beth Tinker, her brother, and several other students were suspended. Their parents appealed the case to the Supreme Court, citing that their students First Amendment rights to freedom of speech had been violated.
1. What issue or problem did some students in
the Des Moines schools face?
2. What constitutional amendment did the
Tinkers use to support their case? 3. If you were a Supreme Court justice, how would you rule and why?
Actual Supreme Court Decision:
New Jersey v. T.L.O. (1985)
1. What issue or problem did T.L.O. face?
A New Jersey school principal searched a
students purse for cigarettes and also found marijuana. The student, whose initials were T.L.O., was suspended and also faced criminal charges. T.L.O. believed that school officials violated her 4th Amendment right against unreasonable search and seizure because they searched her purse without a warrant. As a result, T.L.O. wanted the marijuana seized from her purse to be excluded, as evidence against her, from the trial. Actual Supreme Court Decision:
2. What constitutional amendment did T.L.O.
use to support her case?
3. If you were a Supreme Court justice, how
would you rule and why?
What differences exist between the Supreme Courts ruling in Tinker and its ruling in T.L.O.? 2006-7
JUD-78
American Government
Resource Sheet JUD35
(2 of 2) Identifying the Arguments Read each statement below. Write TLO on the line if the argument was used in New Jersey v. TLO. Write Tinker on the line if the argument was used in Tinker v. Des Moines. ___ 1. Students constitutional rights to freedom of speech and expression do not end when they enter the school building. ___ 2. Schools are a special place where ensuring the safety of the student body is of utmost importance. Therefore, school officials need only a reasonable suspicion rather than probable cause. ___ 3. The school banned only one student action, but did not restrict other forms of political expression. This is unconstitutional. ___ 4. Students are entitled to the same 4th Amendment protections against unreasonable searches in school as they would be in any other place. ___ 5. The school must maintain order and discipline. Furthermore, an orderly learning environment should be constitutionally protected. ___ 6. School should not be used as a place for political activism; thus, there should be a reasonable limit to freedom of expression. Making the Decision Now that you have examined the Supreme Court rulings regarding students rights, respond to the question which follows. How did the Supreme Court rule in Tinker v. Des Moines and in New Jersey v. T.L.O.? Do you agree with the Supreme Courts rulings? Why or why not? Provide examples and details to support your answer.