Question

Read the following summary of the Supreme Court case Tinker v. Des Moines: Two students wore black armbands to school to protest the Vietnam War. The school district suspended the students. Their families sued the school district for violating their right to free speech, but lower courts upheld the school district's right to suspend the students. Which fact is most important in determining constitutionality in this case? A. The school district feared the armbands would cause a disruption. B. The students were punished for a nonviolent expression of their views. C. The two students in question were under the age of 18. D. Other students were bothered by the armbands.

Answer 1

The right answer is "B. The students were punished for a nonviolent expression of their views."

The students were protesting peacefully against something they did not agree, which in the case was the Vietnam War. The right to protest must be preserved from any punishment, this is a constitutionally guaranteed right and is one of the points defended by democracy. However, by protesting peacefully, students were punished with a suspension by the school district.

It is important to emphasize that the use of public space for demonstration is as legitimate as freedom of movement or of transit. These rights are on the same level. Then, when there is a conflict between them, freedom of manifestation should be considered as forming part of the main artery of fundamental rights