0
In the Tinker v. Des Moines and Hazelwood v. Kuhlmeier cases how did the students' form of expression differ?
Wiki User
∙ 7y agoWant this question answered?
Be notified when an answer is posted
Add your answer:
Earn +20 pts
How does freedom of speech apply to school?
Google the following cases for a good overview of these issues: Tinker v. Des Moines Bethel v. Fraser Hazelwood v. Kuhlmeier
How did the Supreme Court reinterpret civil liberties in Tinker v. Des Moines?
it protected students' right to free expression at school
The Tinker v. Des Moines School District (1969) case ruled that students were protected under the First Amendment. This meant that they were?
entitled to the freedom of expression.
The tinker v Des Moines school district 1969 case ruled that students were protected under the first amendment this meant that they were?
entitled to the freedom of expression.
. The Tinker v. Des Moines School District (1969) case ruled that students were protected under the First Amendment. This meant that they were?
entitled to the freedom of expression.
Why is Tinker v Des Moines important to the school press?
Tinker v. Des Moines, (1969) represented the first time the US Supreme Court ruled on a case involving the First Amendment freedom of speech in the school environment. The Court upheld the students' right to peacefully express their opinion of the Vietnam War over the school's insistence that it should be allowed to regulate all forms of expression when it was acting in loco parentis (acting as a parent, as during the school day and during other functions).Many people believed the decision in Tinker would allow students to exercise all of their First Amendment rights in school, including freedom of the press; however, the Court addressed that issue separately in Hazelwood School District v. Kuhlmeier,(1988) and other cases that are more relevant to the school press than Tinker.Held:In wearing armbands, the petitioners were quiet and passive. They were not disruptive and did not impinge upon the rights of others. In these circumstances, their conduct was within the protection of the Free Speech Clause of the First Amendment and the Due Process Clause of the Fourteenth.First Amendment rights are available to teachers and students, subject to application in light of the special characteristics of the school environment.A prohibition against expression of opinion, without any evidence that the rule is necessary to avoid substantial interference with school discipline or the rights of others, is not permissible under the First and Fourteenth Amendments.Important NoteThe case Hazelwood School District v. Kuhlmeier, 484 US 260 (1988) is more relevant to school press issues than Tinker v. Des Moines, (1969), because it dealt specifically with how much control schools could exercise over the content of student publications.The Court held that public school student newspapers are subject to less First Amendment protection than commercial newspapers, or even student publications established as forums for student expression. Schools may impose restrictions on student newspaper content.Case Citation:Tinker v. Des Moines, 393 US 503 (1969)For more information on this topic, see Related Questions, below.
What are two of Justice Fortas's basic reasons for ruling in favor of the students?
Justice Fortas ruled in favor of the students in Tinker v. Des Moines because he believed that students do not "shed their constitutional rights to freedom of speech or expression at the schoolhouse gate" and that the students' armbands did not cause a substantial disruption to the school environment.
What war was going on during the Tinker v Des Moines case?
Tinker v. Des Moines, (1969) stemmed from three students' protest of the Vietnam War.
What did the case Tinker v Des Moines establish?
Tinker v. Des Moines was a First Amendment case challenging the school district's right to make policies restricting students' and teachers' expression of free speech in school. The Court held the Fourteenth Amendment made the First Amendment applicable to the states, and determined students had a right to express their opinions in a non-disruptive manner. The 7-2 vote favored the Petitioner, Tinker.Subsequent cases have granted the schools more leeway in regulating speech.Case Citation:Tinker v. Des Moines, 393 US 503 (1969)
What are bad reasons to protest in school for example Tinker v. Des Moines?
The take-away lesson is not that "protesting in school" is bad, but that the school can't punish students for expressing their opinions, even if the opinion is unpopular. Protests are acceptable as long as they aren't disruptive and don't interfere with other people's rights. The school can't preemptively infringe students' rights simply because they fear a peaceful expression of protest might cause problems.BackgroundTinker v. Des Moines involved three students who were suspended from school for wearing black armbands as a passive protest against the United States' involvement in Viet Nam. The students weren't disruptive, and their behavior didn't interfere with the school's educational mission or interfere with other people's rights. They were punished simply because the school disapproved of their expression of opinion. (Oddly, the same school permitted students to wear jewelry displaying Nazi symbols.)The Court held that First Amendment protection adhered in school because the Fourteenth Amendment selectively applied the Bill of Rights to the states, and were not abandoned in the school environment. "First Amendment rights, applied in light of the special characteristics of the school environment, are available to teachers and students. It can hardly be argued that either students or teachers shed their constitutional rights to freedom of speech or expression at the schoolhouse gate."The Supreme Court supported students' right to the expression of opinion, even controversial opinion, in the school environment, but did not abrogate the school's right to maintain appropriate order and discipline.Case Citation:Tinker v. Des Moines, 393 US 503 (1969)For more information about Tinker v. Des Moines, see Related Questions, below.
What was true about the Supreme Court decision in Tinker v Des Moines?
Students had freedom of speech at school
What First Amendment free speech cases affect public school students?
Tinker v. Des Moines, 393 US 503 (1969)The Supreme Court supported students' right to the expression of opinion, even controversial opinion, in the school environment, but did not abrogate the school's right to maintain appropriate order and discipline.Morse v. Frederick, 551 US ___ (2007)The Supreme Court held that the First Amendment does not prohibit schools from punishing students for publishing messages about illegal drugs.Bethel School District No. 403 v. Fraser, 478 US 675 (1986)The Court held that schools may prohibit the use of vulgar and offensive language, that sexualized speech does not enjoy the same protection as political speech.Hazelwood School District v. Kuhlmeier, 484 US 260 (1988)The Court held that public school student newspapers are subject to less First Amendment protection than commercial newspapers, or even student publications established as forums for student expression. Schools may impose restrictions on student newspaper content.For more information on the Tinker v. Des Moines, (1966) case, see Related Questions, below.
