Brief summary of landmark case study

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LANDMARK CASE STUDY ANALYSIS
BRIEF SUMMARY OF CASE FACTS: Tinker Vs Des Moines Independent Community School District
In the year 1965, a faction of students in Des Moines Independent Community School district planned to protest against the battle in Vietnam and ceasefire the year’s Christmas and New Year Eve. The protest will be by wearing black armbands during their school. Two high school students John Tinker and Christopher Eckhardt, Mary Beth Tinker a junior high school student and two elementary school students Paul and Hope Tinker went to the school wearing black armbands.  The principal of Des Moines knew of the plan and stated that any student wearing armband will be asked to remove it. Refusal to do so will result in suspension from school. The same happened for all the students and their families filed injunction against the district school for disobeying students’ right of expression in the city district court.
BRIEF SUMMARY OF TRIAL COURT, APPELLATE COURT, SUPREME COURT DECISIONS
Their parents, on behalf of the students’ petitioned to the district court against the Des Moines district school was dismissed and stated that the school has every right to maintain discipline and their act was justifiable.
 The decision to uphold the policy was affirmed by the US Court of petition for the Eighth circuit without any opinion.
The decision was won by the students by 7 versus 2 majorities in the Supreme Court. The Supreme Court stated that armbands symbolize pure speech which is entirely distinct from the actual behaviour and activities participating in the protest. The court also held that the students did not lose their first alteration right which is freedom of speech during their entrance in the Des Moines campus wearing black armbands. In order to defend the suppression of speech, the school must provide material and substantial proofs which have consequences of interference in the operation and management of the school. The Des Moines school could not provide any genuine proof which could hinder the operation of the school but it was mere possible fear of disruption which stemmed this action of suspension of the students. Justice Byron R.

Brief summary of landmark case study

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