Question

Write an essay that evaluates the reasoning of the Supreme Court majority opinion and dissent in the case of Tinker vs Des Moines

Answer 1

The Tinker vs. Des Moines case was one that focused on student's 1st amendment rights on school grounds. As a protest to the Vietnam War, Tinker wore a black armband with a peace sign. Mary Beth Tinker was then punished for wearing this armband. She took it took court arguing that this was protected free speech under the first amendment. After several appeals/trials, the Supreme Court voted 7-2 that this was indeed protected free speech.

The majority decision basically discussed how students do not lose their first amendment free speech privileges once on school campus. The majority judge argues that unless the speech disrupts the educational process, then it is protected by the first amendment. Failing to prove that the speech disrupted the educational process results in the speech being protected by the first amendment.

The dissenting opinion said that students should not have the right to express any opinion at any given time. The two judges also argued that this incident distracted students from their work and the ability of the school's administration to do their job well.