SCOTUS Tinker v. Des Moines & Morse v. Frederick
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