First Amendment In Schools Case Analysis

The Tinkers argued that the schools were suppressing the students, which was against the First Amendment (Shackelford 379). The school argued that schools bear a responsibility to retain peace and conduct and that the choice should not be given to the courts but the school (Shackelford 379). The school also talked about how disarray was happening across the United States and how their response might have stopped such issues from happening at the school (Shackelford 381). Johnston’s standpoint was that “[t]he conduct of the students essentially was this: that at Christmas time in 1965, they decided that they would wear small black armbands to express certain views which they had in regard to the war in Vietnam. Specifically, the views were that …show more content…
Then, Judge Marshall asked a few questions relating to whether the armband ban was restricted to the classroom to help Johnston get back on his feet (Shackelford 382). Then, it was Herrick’s turn to speak his position (Shackelford 382). His stance was that “the right of freedom of speech or the right of demonstration in the schoolroom and on the school premises must be weighed against the right of the school administration to make a decision which the administration, in good faith, believed and its discretion was reasonable to preserve order and to avoid disturbance and disruption in the schoolroom,” and “it was a matter of the explosive situation that existed in the Des Moines schools at the time the regulation was adopted. […] [Additionally,] A former student of one of our high schools was killed in Vietnam. Some of his friends are still in school. It was felt that if any kind of a demonstration existed, it might evolve into something which would be difficult to control”