Wednesday, March 16, 2011

For More Information

These are the links that were used for the information on this site:
http://www.firstamendmentcenter.org/faclibrary/case.aspx?case=Tinker_v_Des_Moines_Independent_Community_School_Dist

http://www.northsideprep.org/ncphs/depts/social_science/tdevine/USG/Con%20Law%20Webpage/Tinker%20v.%20Des%20Moines.pdf

http://www.oyez.org/cases/1960-1969/1968/1968_21

http://www.oyez.org/cases/1960-1969/1968/1968_21/argument

http://www.infoplease.com/us/supreme-court/cases/ar39.html

http://www.streetlaw.org//en/Page.Landmark.Tinker.background.three.aspx

http://www.edweek.org/ew/articles/2005/05/04/34tinker.h24.html

Article About Mary Beth Tinker

http://www.washingtonpost.com/wp-dyn/content/article/2005/09/15/AR2005091502238.html

     This article is about what Mary Beth Tinker is currently doing in regards to her case. Just over four decades after the Tinker case, Mary Beth is still visiting schools and teaching students about thier constitutional rights and still wearing a black armband. This particular school visit took place at a high school and a law school on the newly mandated Constitution Day. While she was there, she got a class of dazed high schoolers to become interested in things that they felt were wrong with our society and how they could change it. She advocated for students to stand up and to make the choice that they felt was right in the face of adversity, just like she and her brother did in 1965. After standing up, the Tinkers received hate mail, bomb threats on thier house and death threats. One radio host even said that he would fund the defense for anyone who went after them with a shotgun. However, the Mary Beth and her family stood firm and changed students' lives. After hearing Mary Beth's story about how she stood up for something she believed in, many of the students felt that Constitution Day wasn't so much of a waste after all.

Monday, March 14, 2011

Tinker v. Des Moines Game

http://games.sunnylandsclassroom.org/Preview/Games/?gameid=3

This is an interactive game that gives a basic break down of the First Amendment, and then proceeds to facts of the case, precedents, the courts, the Supreme Court, and the arguments. Each "station" of the game gives a brief overview of the information, provides definitions of key words relevant to the information being given, and provides a game at the end of each portion of the station. It also includes videos pertaining to free speech from the justices.

John Tinker's Views on the Case

http://schema-root.org/region/americas/north_america/usa/government/branches/judicial_branch/supreme_court/decisions/schools/tinker_v._des_moines/~jft/jft.faq.html#what_was_the_decision
This is a link to John Tinker's current page concerning the case and his life, which contains a series of frequently asked questions. One of the questions that he addresses is the motivation for why he believes that the school officials suspended his sister and him when they willingly took off their armbands. He says that he believes that their true motivation was not actually to preventa disturbance but was rather to present themselves in a better, more patriotic life. After all that had occurred with the Vietnam War, Tinker felt that if the school officials were caught being lenient on students who were expressing their opinion against it, it would reflect badly on them, hence the outrage that ensued. He also said that after the case was decided, he heard of some principals misrepresenting the information by quoting the dissenting opinion. However, he did state that several schools respected the opinion and even encouraged their students to utilize their right to free speech.

Sunday, March 13, 2011

Mary Beth Tinker Video

This is a video created in honor of 2006 National History Day to commemorate those that took stands for their rights. This video specifically focuses on Mary Beth Tinker. 

40th Anniversary of the Tinker Case

This is a student produced video featuring a video of Mary Beth Tinker and students talking about the impact that the case had on thier lives.

Why It's a Landmark Decision

       This case is a landmark decision because, for the first time, it gave students the right to exercise their First Amendment right to free speech as long as it is peaceful and orderly and not disruptive. The Tinker standard is still used today to assess the constitutionality of school policies and students’ actions while they are in school.
      Even though the Tinker case guarantee's protection of student's First Amendment rights to free speech, the right has been modified through other cases involving students. In Bethel School District v. Fraser and Morse v. Frederick, student speech was limited. It cannot be disruptive or vulgar, even if it is just innuendo, or if the speech is condoning illegal drug use. Additionally, student speech, as well as student freedom of press, was limited in Hazelwood School District v. Kuhlmeier, which determined that speech and press could be limited if the principal did not feel it was in line with the education goals of the school. In all, student speech must go under three considerations by the courts: threat of disruption, offensiveness in light of community standards, and impairment to the school's educational mission and goals.