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Questions Tinker V. Des Moines Case

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The constitutional issue was that student’s first amendment rights were called into question was the first amendment. More specifically, the freedom of speech and expression. The debate was whether or not children retain their rights when they enter their schools.The people that were involved in this case are: John F. Tinker, Mary Beth Tinker, Hope Tinker, Paul Tinker, and Christopher Eckhardt vs. The Des Moines Independent Community School District.The case originated in Des Moines, Iowa. The case was originally held in their district court (1966). They lost in the district court, so they appealed the case. There was a tie vote in the appeals court (1967) which upheld the districts decision. This forced the Tinker family to appeal for a final time to the Supreme Court (1969).

The Iowa Civil Liberties Union came to the Tinker family to file a case. The case went to the U.S. District Court, the decision was in favor of the school board. There was a tie in the Court of Appeals so the case went directly to the Supreme court.The supreme court ruled in favor of the Tinker family. The decision was 7-2 with Supreme Court justices Black and Harlan voting against the Tinker family.The supreme court made the decision based on that, “It can hardly be argued that either students or teachers shed their constitutional rights to freedom of speech or expression at the schoolhouse gate.” This means that the Teachers and students should not be stripped of their first amendment rights as soon as they step onto school property.The immediate impact of the case was that is solidified students 1st amendment rights. Justice Abe Fortas wrote, “”that either students or teachers shed their constitutional rights to freedom of speech or expression at the schoolhouse gate.””

As long as students are not significantly disrupting the learning process at school, they may silently protest anything they like. This president stands for all public school, but not private schools.The long-term impact of the case is that people don’t lose all of their first amendment rights right when they enter school property. Before this case was decided there were no legal precedents of being able to express yourself on school property. I wholeheartedly agree with the ruling. They students were holding a silent protest and we not disrupting any other student’s learning experience. They have their 1st amendment rights as Americans and the Iowa public school system has no right to take that away from them. As a highschooler, I believe that is it at the utmost importance that my rights are being protected. Constitutional rights do not discriminate based on age, race, religion, or gender. The Iowa public school system does not have to right to implement this ageist discrimination.

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Questions Tinker v. Des Moines case. (2018, December 03). GradesFixer. Retrieved November 1, 2020, from https://gradesfixer.com/free-essay-examples/questions-tinker-v-des-moines-case/
“Questions Tinker v. Des Moines case.” GradesFixer, 03 Dec. 2018, gradesfixer.com/free-essay-examples/questions-tinker-v-des-moines-case/
Questions Tinker v. Des Moines case. [online]. Available at: <https://gradesfixer.com/free-essay-examples/questions-tinker-v-des-moines-case/> [Accessed 1 Nov. 2020].
Questions Tinker v. Des Moines case [Internet]. GradesFixer. 2018 Dec 03 [cited 2020 Nov 1]. Available from: https://gradesfixer.com/free-essay-examples/questions-tinker-v-des-moines-case/
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