The Tinker Case Of 1969 Expanded Students 1st Amendment...

The Tinker case of 1969 expanded students’ 1st Amendment rights in school and established the Tinker Test for future cases, whereas, if there was not a disturbance, and others were let alone, students First Amendment rights were intact. LaMorte (2012) notes â€Å"It can hardly be argued that either students or teachers shed their constitutional rights to freedom of speech or expression at the schoolhouse gate,† (p. 87). Freedom to express societal, political, and/or economic issues even if they are unpopular, are permitted in school as long as work is not disrupted and there are no threats of violence. Tinker’s right to wear an armband protesting the Vietnam War, a controversial societal issue, was upheld and begin the trend toward promoting students’ 1st Amendment rights in schools. Unlike the Tinker case, where the student dealt with public policy, the Fraser case (1986) dealt with vulgar speech at school that did not meet educational values, hence, the court ruled in favor of the school to prohibit such disrespectful behavior and to limit 1st Amendment rights of students. However, the court noted that if Fraser gave that speech outside of school, he would be protected. Even though initially the State Supreme Court ruled that Fraser’s 1st Amendment rights were violated, the US Supreme Court overturned that decision because the court felt there should be some limitations to students’ free speech at school and they do not hold the same liberties as adults. Moreover, this rulingShow MoreRelatedHow the Earl Warren Court Liberalized America Essay842 Words   |  4 Pagesbetween 1953 and 1969, when Earl Warren served as Chief Justice. Warren led a liberal majority that used judicial power in dramatic fashion, to the consternation of conservative oppone nts. The Warren Court expanded civil rights, civil liberties, judicial power, and the federal power in dramatic ways. One way the Warren Court liberalized America, is through the court cases of Gideon v. Wainwright (1963), Escobedo v. Illinois (1964), and Miranda v. Arizona (1966), where these court cases helped defineRead MoreContemporary Issues in Management Accounting211377 Words   |  846 PagesYork ß Oxford University Press 2006 The moral rights of the author have been asserted Database right Oxford University Press (maker) First published 2006 All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted, in any form or by any means, without the prior permission in writing of Oxford University Press, or as expressly permitted by law, or under terms agreed with the appropriate reprographics rights organization. Enquiries concerning reproductionRead MoreLibrary Management204752 Words   |  820 PagesStates. 2. Information services— United States—Management. I. Moran, Barbara B. II. Title. Z678.S799 2007 025.1—dc22 2007007922 British Library Cataloguing in Publication Data is available. Copyright  © 2007 by Robert D. Stueart and Barbara B. Moran All rights reserved. No portion of this book may be reproduced, by any process or technique, without the express written consent of the publisher. Library of Congress Catalog Card Number: 2007007922 ISBN: 978–1–59158–408–7 978–1–59158–406–3 (pbk.) First published