Tinker vs. Des Moines,Application Essay Example

Tinker vs. Des Moines demonstrates that the school administrators have a greater advantage to limit the language of their scholars than the administration has to control the public. Student speech cases have appeared to require equilibrium between the genuine educational intentions and the school discipline in general. the court when delivering its ruling it found out that the amendment of the constitution endangered the civil liberties of the students to put on black armbands this was suppose to symbolize an objection against the Viet Nam Fighting (Smith and Craig 56). The court delivered a ruling that only the school administrators could stop the expression of the students if they proved that it disrupted learning.

Conversely, Morse V. Fredrick was a similar case in the United States Supreme Court; however, it is very different from Tinker vs. Des Moines mainly because the ruling stated that the amendment did not allow the school administrators to control the talking of their scholars. Morse V. Fredrick case, the majority approved that the Constitution assures lesser protections to certain types of student vocalizations at school or school-organized functions. It was discovered that the message Frederick displayed was his own expression and not politically motivated , as was the case in Tinker, the Court ruled that the words “Bong Hits 4 Jesus” rationally could be assumed as encouraging illegal drug employ(Alexander and Kern 12). As such, the state had an important interest in barring student speech that logically could be interpreted as heartening unlawful drug use. The Law court, therefore, decided that schools may “take actions to safeguard those disposed to their overhaul from discourse that can practically be seen as boosting prohibited drug use” without fear of negating a student’s First Amendment rights (Alexander and Kern 90).

I do not agree with these cases. My answer would remain the same as a scholar and a parent, especially in Morse scenario.

Works Cited

Alexander, Kern, and M D. Alexander. American Public School Law. Belmont, CA: Wadsworth Cengage Learning, 2012. Print.

Smith, Craig R. A First Amendment Profile of the Supreme Court. Rome: John Cabot University Press, 2011. Print.