According to History.com, the Bill of Rights is the symbol of what lies at the heart of American idea of individual liberty, limited government, and the rule of law. The Bill of Rights was created to protect the citizens but was not considered important until supporters of the Constitution saw it was pivotal to ratify it. James Madison, the fourth president, was able to make the Bill of Rights officially became part of the Constitution in December 1791 (2009). With the Bill of Rights in place along with the rest of the Constitution, many supreme court cases had arise from citizens fighting for their rights. A prime example involved students John and Mary Beth Tinker with a friend in December 1965. There was a large community protest against
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Under those circumstances, it can be seen that symbolic speech in school, such as the Tinker’s protest, need to be protected under the First Amendment. As long as it is “pure speech”; the peaceful expression of ideas, thoughts, or opinions before an audience, symbolic speech should be protected. As shown from a picture of Lorena, Paul, and Mary Beth Tinker in 1969 Document K, the armbands were small and does not draw attention. This is also supported by Document E, “Oral Argument: The Tinkers’ Case, Tinker v Des Moines, 1969.” Mr. Johnson said “...specifically designed in such a way that it would not cause that kind of disruption...It might for a few moments have done that...just as many other things do in the classroom…” The students only intention was was to try convey the idea of the Vietnam War and keep the soldiers, dead and alive, in their minds and hearts in a non-disruptive but effective way. Symbolic speech in school should be protected under the First Amendment as long as there is no breaking of the school rules and policies. In Document G, “Majority Opinion (7-2), Tinker v. Des Moines, 1969”, the Court said banning the wearing of armbands would be a violation of the Constitutional rights of the kids. The only time this type of expressive conduct would not be protected is when it begins to violate school dress code regulation, violence is involved, disruptive actions, or group demonstrations during
Under those circumstances, it can be seen that symbolic speech in school, such as the Tinker’s protest, need to be protected under the First Amendment. As long as it is “pure speech”; the peaceful expression of ideas, thoughts, or opinions before an audience, symbolic speech should be protected. As shown from a picture of Lorena, Paul, and Mary Beth Tinker in 1969 Document K, the armbands were small and does not draw attention. This is also supported by Document E, “Oral Argument: The Tinkers’ Case, Tinker v Des Moines, 1969.” Mr. Johnson said “...specifically designed in such a way that it would not cause that kind of disruption...It might for a few moments have done that...just as many other things do in the classroom…” The students only intention was was to try convey the idea of the Vietnam War and keep the soldiers, dead and alive, in their minds and hearts in a non-disruptive but effective way. Symbolic speech in school should be protected under the First Amendment as long as there is no breaking of the school rules and policies. In Document G, “Majority Opinion (7-2), Tinker v. Des Moines, 1969”, the Court said banning the wearing of armbands would be a violation of the Constitutional rights of the kids. The only time this type of expressive conduct would not be protected is when it begins to violate school dress code regulation, violence is involved, disruptive actions, or group demonstrations during