SCOTUS Tinker v. Des Moines & Morse v. Frederick

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Tinker v. Des Moines Case

- Suspension violated the first amendment and the case went to supreme court in 1968. - 7-2 decision, school officials violated constitutional principle of the first Amendment

Legislative

- Pass/amend law -Cut/increase funding -Propose and pass amendment -Conduct oversight hearings -Fiscal Federalism

Media

- Agenda setting - Investigative journalism

Tinker v. Des Moines (1969) Facts

- John and Mary Beth Tinker decided they would have their say as part of a larger, community protest of the Vietnam War. - The School Board Des Moines Independent Community School District implemented a policy banning that wearing the armbands would be suspended. - Continued to wear armbands and got suspended until they agreed not to wear them anymore

Morse v. Frederick (2007)

- Known as the "Bong Hits 4 Jesus" Limited students' free speech rights. Ruled that Frederick's free speech rights were not violated by his suspension over what the majority's written opinion called a "sophomoric" banner - School District is allowed to restrict students' pro-illegal drug speech at school event.

Tinker v. Des Moines (Questions)

- Was the expressing behavior of the students an exercise of "speech" that warranted protection under the First Amendment's speech guarantee? - How can individual liberties be balanced with the need for discipline, the rights of others, and the special characteristics of the public school environment?

States

- pass a law - Delay on the enforcement of a policy

Individual

- protest to pressure officials to take action - lobby/petition - donate to candidates

Executive

Issue executive order direct bureaucratic agency on policy

Interest Group

Protest - lobby/petition legislators - donate to candidates - write an amicus brief


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