Fatima Aquino

EDU 210
Case: TINKER V DES MOINES IND. SCHOOL DISTRICT
October 12, 2015
Tinker v Des Moines Ind. School District Questions
1. What legal principle is established by the Tinker decision?
The legal principal established thanks to Tinker v Des Moines, is A
student may express opinions on controversial issues in the classroom
cafeteria, playing fields, or any other place, so long as the exercise of
such right does not materially and substantially interfere with the
requirements of appropriate discipline in the operations of the school
or collide with the rights of others. (Page 98, in the Legal Right of
Teachers and Students book)
2. Does the principle improperly intervene with school discipline?
In the case of Tinker V Des Moines, it does not because their wristband
was not being a disruption within the classroom. They were not trying to
get class to be in a rally with them and support what they support, but
they were doing it in a way that does not disrupt, and that was by wearing
arm bands.
3. Do you agree with the majority or dissenting opinion? Why? Why not?
I agree with the majority opinion, because I believe the students should be
able to have freedom of expression, as long it is not a disruption in the
classroom setting. In school the freedom is limited and I find there is
nothing wrong with the school limiting as long as it is to keep the setting
for educational purposes.
4. Can you think of some examples where a reasonable forecast of disruption
could justify interference in the school setting?
In the school setting there can be several things that students can be
disrupted with. For example if someone wears a shirt that expresses
abortion as a sin and condemns the people that are for it, would be
considered a classroom disruption. Some students may not agree with
such statement, and might find it offensive. Thus the school may have the
right to ban such shirts, because it will disrupt the normal classroom
setting.

Points to Ponder Question:

Students wore T-shirts condemning homosexuality. Can school authorities ban
such attire? Why or why not?
Yes, the school authorities can ban such attire, because it is
condemning a specific group. It is essentially ethnocentrism where one
person believes that one group is above another and in this case it can be
very offensive. In a school setting, the students should not be afraid to be
whom they are and these t-shirts are not helping keep a friendly environment
in school. Based on the court case of Tinker v DesMoines, freedom of
expression is limited and the school has the right to ban the shirts if they
Fatima Aquino
EDU 210
Case: TINKER V DES MOINES IND. SCHOOL DISTRICT
October 12, 2015
interfere with the regular school activities. I am more than positive that
students will be against this shirt and there would be problems in the
classrooms because of it. Best thing would be to ban it, because such
demeaning action are not tolerated in a school environment.