2. Tinker Vs. Des Moines Issues

“Does a prohibition against the wearing of armbands in public school, as a form of symbolic protest, violate the First Amendment's freedom of speech protections?” (http://www.oyez.org/cases/1960-1969/1968/1968_21)Do students have a constitutional right to wear armbands in school as a form of symbolic speech to protest the Vietnam War?


At first glance this case looks like typical students rebelling and disobeying the dress code, but there is more to it than that. Students were not trying to get attention or disobey; they were peacefully showing their support for a truce with Vietnam. The judgment on this case is not surprising, the District Court ruled that the school officials could tell the students what to wear and that this protest was a disturbance to the normal school day. The school district has enforced dress codes for the past fifty years, and will continue to do so. Enforcing the dress code limits the distractions, and provides students with a better education. “Family and consumer sciences professionals can play an important role in clarifying item specific dress codes related to the physical and psychological security of students.” (http://www.eric.ed.gov/ERICWebPortal/custom/portlets/recordDetails/detailmini.jsp?_nfpb=true&_&ERICExtSearch_SearchValue_0=EJ768263&ERICExtSearch_SearchType_0=no&accno=EJ768263) The hard question is where to draw the line. Can we literally take away students constitutional rights when they enter the school? The answer is no, we are unable to take away anyone’s constitutional rights. If the students wear an armband in silent protest, they are protected under The Free Speech Clause of The First Amendment. As long as they are not causing disturbances or interrupting a normal school day then they should not be punished. If they do cause a disturbance, can they be punished for wearing the armbands? If not, then what can the school district officials charge them with? What reasons will they give them for suspension? This case is one of many that deal with Freedom of Speech in public schools, and it certainly will not be the last. The line between freedom of speech and school officials determining dress code is a thin one. After refining and reviewing the case the Court of Appeals, decided that the students were in fact acting within their constitutional rights.