Do Students Have Free Speech in School? | Tinker v. Des Moines Independent Community School District

Sdílet
Vložit
  • čas přidán 29. 03. 2018
  • I wrote a new book all about the Supreme Court. Order your copy here: amzn.to/45Wzhur or visit www.iammrbeat.com/merch.html.
    Patreon: / iammrbeat
    Mr. Beat's band: electricneedleroom.us
    Mr. Beat on Twitter: / beatmastermatt
    In episode 29 of Supreme Court Briefs, students protest the Vietnam War by wearing armbands to school. After some of them get suspended for doing so, the families sue the school district, arguing the students' First Amendment rights were violated.
    Check out cool primary sources here:
    www.oyez.org/cases/1968/21
    www.aclu.org/other/tinker-v-d...
    en.wikipedia.org/wiki/Tinker_...
    constitutioncenter.org/blog/t...
    time.com/5171160/gun-control-s...
    www.desmoinesregister.com/sto...
    www.sacbee.com/news/state/cali...
    Photo credits:
    Amalex5
    Rhododendrites
    WestportWiki
    Andrew Imanaka
    Sound credits:
    Mike Koening
    15-year old John Tinker, his 13-year old sister Mary Beth Tinker, his 11-year old sister Hope Tinker, and his 8-year old brother Paul Tinker, along with his friend 16-year old Christopher Eckhardt, wear black armbands to school as a way to protest the ongoing Vietnam War.
    The principals of the schools all told their students they couldn’t wear these armbands or they would be punished. Well, they wore them anyway. The principals suspended John, Mary Beth, and Christopher, saying they couldn’t come back to school unless they came not wearing the armbands. The students would not return to school until January, but in protest worse black clothing every day for the rest of the school year.
    Meanwhile, after the suspension of the students made the front page of The Des Moines Register, the Iowa Civil Liberties Union approached the Tinkers and said “hey, uh, the school district can’t do that. You should sue them. We will help you.” Actually, the ACLU, or American Civil Liberties Union, stepped in to help the Tinker family and Eckhardt sue the Des Moines Independent Community School District, arguing that the First Amendment protected the students’ right to protest at school. Obviously, the kids couldn’t sue, so their dads were the ones who filed suit.
    The U.S. District Court for the Southern District of Iowa upheld the prohibition of armbands. While it acknowledged the students had the right to protest under the First Amendment, their concern was that a school would have a hard time keeping an orderly environment where students could learn stuff if protests like this were going on. The Tinkers and Eckhardts appealed to the U.S. Court of Appeals for the Eighth Circuit, but that court was evenly divided, so they appealed directly to the Supreme Court, who heard arguments on November 12, 1968.
    So West Virginia State Board of Education v. Barnette had already said students had constitutional protections at school, but this case dealt specifically with free speech rights. Dan Johnston, the lawyer for the students, said the district had previously let other kinds of political speech occur and that it didn’t disrupt learning at school. Allan Herrick, the lawyer for the district, said the district should be allowed to limit speech if it seems like it could lead to “violence, disorder, and disruption.”
    That didn’t convince the Court, though. On February 24, 1969, it announced it had sided with Tinker and company. It was 7-2. The Court argued the armbands symbolized pure speech that was completely separate from any actions of those wearing them. The Court also argued that just because they were students on school property didn’t mean they lost their First Amendment right of freedom of speech. Justice Abe Fortas wrote, "It can hardly be argued that either students or teachers shed their constitutional rights to freedom of speech or expression at the schoolhouse gate"
    Justice Hugo Black wrote a dissent saying that the armbands did, in fact, disrupt school activities, and later Supreme Court cases like Bethel School District v. Fraser and Morse v. Frederick would seem to favor his perspective with this case.
    Regardless, Tinker v. Des Moines Independent Community School District has been a hugely influential and frequently cited case regarding First Amendment rights for students. It created the Tinker Test, or a way to see if student speech is actually disruptive at school. It weakened the legal idea that the school takes the place of the parent while the student is in attendance. You could even say the Tinker decision paved the way for the recent National School Walkout that took place in schools across the country.

Komentáře • 262

  • @iammrbeat
    @iammrbeat  Před rokem +6

    My book about everything you need to know about the Supreme Court is now available!
    Amazon: amzn.to/3Jj3ZnS
    Bookshop (a collection of indie publishers): bookshop.org/books/the-power-of-and-frustration-with-our-supreme-court-100-supreme-court-cases-you-should-know-about-with-mr-beat/9781684810680
    Barnes and Noble: www.barnesandnoble.com/w/the-power-of-our-supreme-court-matt-beat/1142323504?ean=9781684810680
    Amazon UK: www.amazon.co.uk/s?k=the+power+of+our+supreme+court&crid=3R59T7TQ6WKI3&sprefix=the+power+of+our+supreme+courth%2Caps%2C381&ref=nb_sb_noss
    Mango: mango.bz/books/the-power-of-our-supreme-court-by-matt-beat-2523-b
    Target: www.target.com/p/the-power-of-our-supreme-court-by-matt-beat-paperback/-/A-86273023
    Walmart: www.walmart.com/ip/The-Power-of-Our-Supreme-Court-How-the-Supreme-Court-Cases-Shape-Democracy-Paperback-9781684810680/688487495
    Chapters Indigo: www.chapters.indigo.ca/en-ca/books/the-power-of-our-supreme/9781684810680-item.html?ikwid=The+Power+of+Our+Supreme+Court&ikwsec=Home&ikwidx=0#algoliaQueryId=eab3e89ad34051a62471614d72966b7e

  • @tompatterson1548
    @tompatterson1548 Před 4 lety +294

    ah, yes, a protest AGAINST A WAR could result in violence.

    • @the4tierbridge
      @the4tierbridge Před 3 lety +3

      Kent State protest ended in a burning building, and several people dead or injured. It was also against the Vietnam War.

    • @him12672
      @him12672 Před 3 lety +15

      @@the4tierbridge Was the burned building after the state troopers shot and killed four students?

    • @the4tierbridge
      @the4tierbridge Před 3 lety +4

      @@him12672 No, it happened before. And, some victims were protesters.

    • @him12672
      @him12672 Před 3 lety

      @@the4tierbridge Ah right, half of the dead were protesting.

    • @the4tierbridge
      @the4tierbridge Před 2 lety +3

      @@him12672 seriously, it’s like the Boston massacre. Something that at the time was propagandized and used as a political pawn, and attitudes towards it today haven’t changed even though what happened can be justified.

  • @mummyneo7112
    @mummyneo7112 Před 6 lety +250

    I think that the court was right on this case because the Constitution allows Free Speech in the country. The children did not cause violence by protesting. Great video!

  • @gyz9599
    @gyz9599 Před 4 lety +382

    I just came here to learn how to pronounce Des Moines

  • @KnowingBetter
    @KnowingBetter Před 6 lety +439

    You asked about the California teacher on twitter, but you leave out some of the details here. The teacher specifically says he failed them to "defend the constitution" - not because they walked out during a test. And the district said walking out was okay and told teachers not to have graded activities that day.
    So... the teacher is just being a jerk.

    • @iammrbeat
      @iammrbeat  Před 6 lety +100

      Yeah, the press conference he gave clearly showed his motives and made him look worse. This guy could have easily rescheduled this quiz, too.

    • @dugroz
      @dugroz Před 6 lety +35

      Yeah, at first I was like "fail 'em!" -- but if the school gave permission for the walkout then 1 individual teacher shouldn't be able to supersede that permission, even if I disagree with it. Schools should be very, very slow to endorse any kind of political activity/walkout/etc. It's an extremely slippery slope.

    • @iammrbeat
      @iammrbeat  Před 6 lety +28

      As we are now seeing with this abortion protest planned. This could get out of control quickly.

    • @maxwellcunningham8908
      @maxwellcunningham8908 Před 5 lety +4

      School is a learning environment and should not support politically motivated activities like the walk out. What he did was completely justified

    • @CB-ny8zg
      @CB-ny8zg Před 4 lety +25

      Maxwell Cunningham Schools aren’t promoting politically motivated activities by accommodating them. In the same way that children can express their religion through activities such as praying during school, students should be allowed to peacefully advocate their political opinions. And no- a walk out isn’t disruptive; it’s about the least disruptive political speech can be, it literally involves walking out of a classroom silently.

  • @yetigriff
    @yetigriff Před 6 lety +62

    Interesting fact: the tinkers grew up to be a tailor, soldier and a spy.

  • @Kylefassbinderful
    @Kylefassbinderful Před 4 lety +26

    These Supreme Court briefs are my fav series from this channel. They're so quick but incredibly interesting. It's like grabbing fast food of trivia/knowledge. I would like the election videos more but there's only so many elections so that makes Court Briefs Supreme my fav item on the Mr. Beat fast food menu.

  • @gadyariv2456
    @gadyariv2456 Před 6 lety +154

    It seems like the American judiciary system had a huge fatal flaw.
    I've been watching these supreme court briefs since the start, time and time again local courts are denying American of their constitutional rights, and the case has to go to the supreme court.
    why don't lower court judges suffer any penalties for making decisions that go against the constitution...If a judge knows he'd lose his/her job for ignoring the constitution, it would happen less often, and fewer cases would have to go to the supreme court and would be solved on the state level.
    Iowa district court was essentially an accomplice of the Public school, in denying this American citizen their civil liberties.
    maybe it's because I'm not an American, but something is extremely inefficient here, the law is the law, different courts shouldn't have different verdicts.

    • @bobbyferg9173
      @bobbyferg9173 Před 6 lety +24

      Gad Yariv Well the thing is that the lower courts, just like the Supreme Court, have to decide whether whatever is being argued is a constitutional right or something that doesn’t apply under the constitution and is attempting to bend the constitution too much. If judges could just lose their job for saying no (a huge part of their job) then so many people would get away with things that bend the constitution. A judge shouldn’t be punished for their final decision even if higher courts vote differently, because this would only lead to a very lax court that lets people get away with a lot of things.

    • @iammrbeat
      @iammrbeat  Před 6 lety +45

      Well, but that also perhaps ignores all the times judges in the lower courts get it right. At least the U.S. has this system of checks and balances to add pressure to the lower courts. More importantly, at least there are resources to help plaintiffs and defendants actually fight on appeal, as it's an extremely expensive (not to mention lengthy) process.

    • @Rcajun17
      @Rcajun17 Před 6 lety

      It’s interesting though. They’re asking to be protected by one constitutional right while simultaneously trying to destroy another. The irony

    • @iammrbeat
      @iammrbeat  Před 6 lety +16

      Destroy might be too harsh of a word. Often judges/justices are just trying to balance rights.

    • @gadyariv2456
      @gadyariv2456 Před 6 lety +1

      who oversees and supervise the Judiciary. aren't Judges basically tyrants in their own courtroom?
      The USA also has a ramped problem of police violence going unpunished.
      If a cop or a judge make the wrong decision that results in death or imprisonment of innocent people...should they be judges or police officers.
      this is clearly not such a case, this is civil litigation, but it seems a part of a larger problem that many countries have, not just the USA.
      Citizens count on the judgment of these people to uphold the law and protect them, so stands to reason that if their judgment is faulty... there should be some repercussions.
      If a lawmaker decides to legislate laws that infringe on citizens right, the electorate can and should vote them out.
      If a federal or state court judge decided to ignore the constitution and infringe on citizens freedoms he is immune to any consequences.
      that can't be healthy in any country.

  • @ravenho9127
    @ravenho9127 Před 6 lety +94

    According to that decision, non-disruptive protest is allowed, such as armbands, t-shirts, pamphlets, etc. However protest such as that of the National School Walkout is not protected by that ruling and students could’ve faced consequences for their actions depending on their local school district.

  • @iammrbeat
    @iammrbeat  Před 6 lety +157

    Do you agree with that California teacher who failed a student on a quiz after the student participated in the National Walkout Day protests? Why or why not?
    Also, how do you feel about this anti-abortion student protest walkout that is coming up?

    • @HistoryNerd808
      @HistoryNerd808 Před 6 lety +34

      Mr. Beat I think that the walkout student shouldn't have been failed, as much as I disagree with what they walked out about. As for the pro-life walkout, I agree 100% with it and if the media doesn't give the same air time to that as they did the March for Our Lives, then they're just hypocritical ideologues

    • @AliceObscura
      @AliceObscura Před 6 lety +71

      Mr. Beat I honestly don't know why any teachers wouldn't just give an F to a student who walked out. regardless of the reason for protest.
      I work as a teacher in South Korea.
      If one of my students did that, and I was giving a test that day, he would receive an F. Why? Simple. School is a student's job. Just as in life you retain free speech everywhere, but I as your employer don't owe you special accommodation because you choose to exercise that right at an inopportune time.
      Simply put, free speech isn't consequent free speech.

    • @HistoryNerd808
      @HistoryNerd808 Před 6 lety +16

      zh11147 Fair. I misunderstood. Guess I interpreted it as they failed the student for the whole year. Failing them for the quiz they didn't finish makes perfect sense

    • @iammrbeat
      @iammrbeat  Před 6 lety +49

      I think one thing you are not considering, and perhaps I should have been more clear about this, is that this was a school-wide protest, approved by both the school and the district. It would be completely different if it was some sort of "rogue" student protest.

    • @kmtforchina8916
      @kmtforchina8916 Před 6 lety

      I think there should be a report process in which you promise too do all work with extra work and will get full credit and allowed too protest.

  • @delightfullydakota5019
    @delightfullydakota5019 Před 6 lety +28

    I think as long as the Walkout was approved by the school system and no students disrupted classes while walking out, the protest itself was not disruptive, and no one skipped class past the 17 minutes then it seemed to pass the Tinker Test to me. If the Walkout was approved by the school and the student wasn’t disrespectful then I don’t see why the teacher failed the student? As for the anti-abortion student protest, I don’t agree since I’m pro-choice but they 100% have the right to do it as long as it is non-disruptive.

    • @iammrbeat
      @iammrbeat  Před 6 lety +12

      I think you put it well. It wasn't "disruptive" because the district and school had planned and approved it.

    • @maxwellcunningham8908
      @maxwellcunningham8908 Před 5 lety

      The student walked out during a quiz that was pre-planned not just to punish kids for the walk out. Also, the school should not be supporting or facilitating a political agenda such as with the walk out.

    • @history-jovian
      @history-jovian Před rokem

      ​@Maxwell Cunningham I think unless it is against supporting a political party such as Republican or Democrats or even third party. Then yes they should not support anything. But If it is against something that is very very controversial and depends on people then yeah they should.
      I mean you wouldn't want to go to work to find out you can't even damn car because a strike is happening.

  • @amirahannah4410
    @amirahannah4410 Před 5 lety +5

    This was awesome! thank you so much for the breakdown.

  • @lewkawn2559
    @lewkawn2559 Před 4 lety +4

    I’m from Des Moines, IA

  • @enriquediaz6765
    @enriquediaz6765 Před 3 lety +8

    Students don't have rights
    Short answer: no
    Long answer: we do not have rights

    • @Quinntus79
      @Quinntus79 Před 2 lety

      Students do actually have rights, the issue is students often overestimate there rights.

    • @Jane-qh2yd
      @Jane-qh2yd Před 2 lety

      @@Quinntus79 That's not true. Most constitutional rights are COMPLETELY violated within schools. So yeah, we don't really have rights

  • @shannonbeat
    @shannonbeat Před 6 lety +10

    Great job, Matt!

  • @TheLostStars
    @TheLostStars Před 3 lety +3

    I recommended this video to my teacher and showed it in class

  • @packardwitt1682
    @packardwitt1682 Před 2 lety +2

    Just my opinion but the student deserved the F ONLY because of incomplete assignment. The protest should not be accounted for by the teacher in grading for any reason.

  • @lildubuoy
    @lildubuoy Před 6 lety +35

    This is A good one! I agree with the teacher unfortunately because the walkout isn't a school supported event (legally anyway). The only thing the teacher is guilty of is being a jerk...

    • @iammrbeat
      @iammrbeat  Před 6 lety +13

      Yeah, it was school and even district supported, but obviously not the law.

    • @richardwellington437
      @richardwellington437 Před 2 lety +1

      Yes, the teacher is guilty of being a super jerk.

    • @Quinntus79
      @Quinntus79 Před 10 měsíci

      @@richardwellington437Actions have consequences. If you don’t participate in a school exam, don’t expect to have a passing grade for that test.

  • @njaneardude
    @njaneardude Před 6 lety +2

    Very interesting! I think I'm going to go on a @Mr. Beat SCOTUS vid binge watching weekend :-)

    • @iammrbeat
      @iammrbeat  Před 6 lety

      Right on! Let me know your favorite episode! Thanks for watching. :D

  • @Pikazilla
    @Pikazilla Před rokem +2

    Emperor Palpatine repressing human rights

  • @drewmanchew1236
    @drewmanchew1236 Před 3 lety +2

    I’ve just learned about this in my newspaper class we are doing a unit about students first amendment rights when in school and I love your videos man!

  • @jamellfoster6029
    @jamellfoster6029 Před 2 lety +1

    I live in Alabama & we have a courthouse named after Hugo Black...

  • @leslyegriffin1770
    @leslyegriffin1770 Před 8 měsíci +2

    In 1968 I was a freshman at Catalina High School here in Tucson, AZ. I thought it unconstitutional that girls had to wear dresses to school so I talked some like minded girls, girls who cared and would fight for our rights. We wore jeans to school and were promptly sent home to change our clothes and come back to school.
    Eventually the Supreme Court ruled that public schools could not dictate what we wore to school as long as it wasn't distasteful or cause a disturbance. That felt great!
    Almost as great as protesting lowering the voting age. For those of you who don't remember lowering the voting age from 21 to 18 was mainly to do with Vietnam. 18 year old boys were being drafted, sent halfway across the world to kill people that had never done anything except want their country back. These 18 year old boys had no say in the matter as they couldn't even vote. Sounds a bit like the reason we had a revolutionary war. Remember, "Taxation without Representation!"
    My point is fight for your rights or we will lose them. ✌️

  • @troyhahnjr4703
    @troyhahnjr4703 Před 4 lety +4

    thanks for helping me with the essay i’ve been dreading to do

  • @Willinat
    @Willinat Před 2 lety +1

    S - The Tinker gang and Christopher Eckhardt wanted to wear black arm bands to school to protest the Vietnam war, but the school disliked that and suspended the gang.
    C - In 1968, the vietnam war was raging on, and as any rational human would be, the gang did not approve of this
    O - Des Moines School District believed that the arm bands potentially could result in violence or disruption of orderly education. As for the majority of the court, they saw it as "pure speech" with no rational cause toward problems. The votes were 7-2.
    T - November 12, 1968
    U - This case relates to the first amendment, particularly the right to peaceful protest and free speech.
    S - The case represents the fact that students and teachers do not leave their ability to free speech behind upon entering school grounds. The court case relates to future cases such as the Bethel v. Fraser case and the Morse v. Fredrickson case.
    Just a little something if you're having a hard time figuring it out yourself.

  • @ashtoncollins868
    @ashtoncollins868 Před 2 lety +2

    President During this time: Lyndon B. Johnson/Richard Nixon
    Chief Justice: Earl Warren
    Argued November 12, 1968
    Decided February 24, 1969
    Case Duration: 104 Days
    Decision: 7-2 in favor of Tinker (Warren, Marshall, Brennan Jr., Douglas, White, Stewart, Fortas. Black, Harlan for Des Moines)

  • @maemae9485
    @maemae9485 Před 6 lety +8

    Hey Mr. Beat, when will the upcoming videos about US States comparison? I can’t wait to see for that part. All you videos is great for learning for an students.

    • @iammrbeat
      @iammrbeat  Před 6 lety +2

      I have my next comparison video coming in two weeks, but it's not two states. Hopefully you'll still like it. Regardless, state comparison videos will eventually be back. Thanks for the kind words!

  • @JasmineJu
    @JasmineJu Před 6 lety +10

    This rulling jeopardizes the very existence of dress codes in public schools, which might be a good thing but might also be going too far.

    • @iammrbeat
      @iammrbeat  Před 6 lety +3

      I was also wondering about that.

  • @marcusmedina9940
    @marcusmedina9940 Před 5 lety +2

    Jeez man, you really replied to a lot of comments, nice job man.

  • @bobbyferg9173
    @bobbyferg9173 Před 6 lety +30

    Is it weird I thought they were holding paddles in the thumbnail. My expectations were certainly different for this video, also that gets me thinking: when did spanking generally go away as a punishment.

    • @iammrbeat
      @iammrbeat  Před 6 lety +2

      Ha! Wow, you're right. It does kind of look like paddles. Spanking is still very common in the United States, unfortunately, but from what I have read it has certainly declined over the past 20 or so years.

  • @dugroz
    @dugroz Před 6 lety +11

    Hey, I'm from Iowa! I've been in that courthouse!

    • @iammrbeat
      @iammrbeat  Před 6 lety +3

      Awesome! Hopefully you were not in that courthouse because you were on trial ;) Oh, and you don't happen to be from Ames, per chance?

    • @dugroz
      @dugroz Před 6 lety +3

      Nope, not Ames! And I was in the federal courthouse because I was reporting for jury duty! (not selected, though.) 😁

    • @alexanderjuergens784
      @alexanderjuergens784 Před 6 lety +1

      I went to college in Ames (I'm from the Ames Area). Also LOVE your videos, I show all of them to my friends who are going to Law school right now.

    • @iammrbeat
      @iammrbeat  Před 6 lety +2

      That's awesome! In about a month, I'm going to release a video about Ames!

    • @brodyca1898
      @brodyca1898 Před 5 lety

      Mr. Beat i live in des Moines

  • @ayenul
    @ayenul Před 2 měsíci +4

    This video is getting recommended again in 2024, how topical…

  • @aipossnave3734
    @aipossnave3734 Před 3 lety

    Thank you very much this cleared a lot up for my history project

  • @mariguana7918
    @mariguana7918 Před 3 lety +2

    They played this video in my political science class. I didn’t even know it was you until I reviewed these videos for the final :D

  • @JDGrawe0221
    @JDGrawe0221 Před 2 lety

    As someone from Iowa we learned a lot about Tinker v Des Monies

  • @SiVlog1989
    @SiVlog1989 Před 4 lety

    There's always a risk of the authorities condescending to concerns students have with regards to issues that goes to the Supreme Court. Some (but not all) people in authority make incorrect assumptions about students' knowledge about outside events, saying unhelpful things like "they're too unrealistic," or "they don't understand."

  • @groovinhooves
    @groovinhooves Před 3 lety +2

    Why does this ruling seem to me to be at odds with Hazelwood School District v. Kuhlmeier? Because the school didn't pay for the armbands? SCOTUS does love to split hairs, don't it?

  • @pranavam.7848
    @pranavam.7848 Před 4 lety

    this was very helpful. thanks! also can you do a U.S. v. Nixon video?

  • @madc2004
    @madc2004 Před 4 lety

    My school principal called a lockdown before anyone could walk out and parents were pissed and cited this exact case

  • @carinamcallister9730
    @carinamcallister9730 Před 3 lety +1

    It’s their right to protest. They should still be able to take the test instead of the automatic F. As a teacher who is supposed to be teaching youth about their freedoms, he shouldn’t infringe on that.

  • @jesseberry7521
    @jesseberry7521 Před 5 lety

    Thanks for this

  • @siamiam
    @siamiam Před 6 lety +12

    shame i could not use this ruling when i went to high school in florida where they banned student from having facial hair and males from wearing shorts that go above the knee, i could have found something to protest :P
    florida and alaska schools were such polar opposites :D

    • @iammrbeat
      @iammrbeat  Před 6 lety +4

      That's so bizarre they would ban those things. What the heck Florida?

    • @siamiam
      @siamiam Před 6 lety +1

      it was in the panhandle of florida in the 90s so pretty much the bible belt

  • @josestarks8892
    @josestarks8892 Před 5 lety +2

    Funny that when we had the National Student Walk Out day school was cancelled. Funny huh! 🤔🤔🤔

  • @SiVlog1989
    @SiVlog1989 Před 4 lety +2

    Although I like to think that teachers have their heart in the right place for the interests of their students, it's not so easy to say the same for people who legislate what schools can and cannot do. Particularly amongst politicians there's a lot of condescension and patronising of what students do and don't know about the world.
    Here in the UK for example, ministers have pushed for Shakespeare texts to be more heavily used even though they have little to no relevance to their lives, opening the door to them misunderstanding the Shakespearean English language. A case in point is the famous line from Romeo and Juliet, "Romeo, Romeo, wherefore art thou Romeo?" Contrary to what some people think, it doesn't mean that she's wondering where he is. In fact, she's actually wondering why he's got the name he has

  • @brodyca1898
    @brodyca1898 Před 5 lety +2

    Who also lives in des Moines

  • @averagejoe6031
    @averagejoe6031 Před 3 lety

    I participated in the walkout, things have to change

  • @sunnycorax
    @sunnycorax Před 6 lety +4

    Good video as always. Always enjoy a good episode of Supreme Court briefs.
    As for the question of if the recent national gun protests pass the Tinker Test, I'm not so sure. I think these new protests fall into a new legal grey area and the ACLU has even said as much. I recall a statement that was made that was made by them on the eve of the protests that while schools can't punish students simply for protesting they can enforce punishments, like truancy policies, on students for violating already established school rules. So students can still be punished so long as the punishment isn't out of line with standard school policy but extra punishment can't just be handed out for their political speech.
    I think that is also what makes the issue with David Kissner complicated. If the policy of the teacher or the school is that you can't leave the classroom during the test and that has been well established well sorry to say it sounds like that F is going to stick. Now if the student can prove Mr. Kissner did it on purpose or to punish the students political speech then yeah he is going to get crushed in court.
    It is really just hard to say and it depends on each instance and I'm not even sure if Tinker is really all that applicable because in Tinker it was simply setting in class with speech that never disrupted class. Here with these recent protests it is a clear disruption the only question is in the ability to prove the school is simply following the rules they set out or trying to crush speech they don't like.

    • @iammrbeat
      @iammrbeat  Před 6 lety +2

      Yeah, the protest appeared to be school sanctioned and approved by the district. Thus, one could make a strong argument that it was not disruptive. There is slippery slope, however.

    • @sunnycorax
      @sunnycorax Před 6 lety

      It also depends on the district too. I know in a lot of cases they, while not school organized, were school sanctioned. There was also reports from some more conservative parts of the nation that these protests would not be sanctioned by the school and truancy policy would be enforced. It might be a bit easier to prove that is politically motivated but at the same time it wouldn't necessarily be an easy sell either.

  • @hectora7479
    @hectora7479 Před 6 lety +5

    Everyone in the walkout didn't even know what it was about and only did it to miss class like me!

    • @iammrbeat
      @iammrbeat  Před 6 lety +1

      Definitely a lot of kids like that at my school, too :/

  • @serenalizinnqui8474
    @serenalizinnqui8474 Před 4 lety

    I know I am very late to this discussion, but my response to the question about whether or not the walkout student ought to have been failed is that the student should have anticipated potential consequences and made his/her decision based on that consideration. This should have been the case for all the walkout students: If they are that concerned about something, then they should be willing to deal with the consequences of their actions. I keep thinking of what Martin Luther King, Jr., said about civil disobedience and peaceful protest: "One who breaks an unjust law must do so openly, lovingly, and with a willingness to accept the penalty." If students are unwilling to sacrifice something valuable to them for the sake of their walkouts/causes, do they really care about those walkouts/causes?

  • @ehanoldaccount5893
    @ehanoldaccount5893 Před 4 lety +2

    My school would simply consider it “gang activity” what counter argument could one make?

  • @GentlemenCommander
    @GentlemenCommander Před 5 lety +2

    Thank you for helping my GPA

  • @nxrvana9828
    @nxrvana9828 Před 3 lety

    Watching this for school.

  • @rockstarsharma53
    @rockstarsharma53 Před 6 lety +3

    When will you do Los Angeles and New York City compared?

    • @iammrbeat
      @iammrbeat  Před 6 lety +1

      Not sure yet, but soon. Hopefully in a couple months.

  • @jdroy2291
    @jdroy2291 Před 3 lety +1

    3:46 This literally translates to Cats, California

  • @kmtforchina8916
    @kmtforchina8916 Před 6 lety +1

    Funny how I live in Los Gatos, I didn't go too CT English but it's pretty near me, one time I actually used one of these cases to protect my self while arguing with other students and he reported me for being "racist" and the principle said that once i'm in school I lose my rights too him and that I would get suspended, then I told him that he could not and also showed him the cases,then he sent me back too class.

  • @Hunter-ef4ch
    @Hunter-ef4ch Před 2 lety +1

    The key term taken from the Tinker case is 'Non Disruptive.' Thought the students have a right to protest/walkout, it does not negate consequences. Though legal to protest, the protest is disruptive and is grounds for failing the quiz.

  • @gracemercygichaga2102
    @gracemercygichaga2102 Před 4 lety +1

    ok this video was very helpful Asante mzee! (transtlation : thanks dude!)

  • @oopdi
    @oopdi Před 4 lety +1

    WHY THE FUCK IS JUSTICE EARL WARREN SO AMAZING?!??! It seems he votes right on EVERY SINGLE case?

  • @alexkrakowski8597
    @alexkrakowski8597 Před 6 lety +8

    The photo in the video looks like they’re about to beat some freshman with paddles like in the move Dazed and Confused, quick someone play Alice Cooper’s ‘no more Mr. nice guy’.

  • @Monosekist
    @Monosekist Před 3 lety

    The great thing about court cases involving children and their rights is that they stick around for a lot longer.

  • @helloatiny3923
    @helloatiny3923 Před 3 lety

    mr. beat i love you.......

  • @dadloo1513
    @dadloo1513 Před 6 lety +3

    I saw this on 8th grade
    And we were debating who was right
    The school district or the studenta

  • @Kylefassbinderful
    @Kylefassbinderful Před 4 lety +1

    I live near Los Gatos. How cool am I?

  • @thatonemajin3578
    @thatonemajin3578 Před 6 lety

    How was this posted yesterday if comments from 2 months ago are in the comment section?

  • @MsCherryKiss
    @MsCherryKiss Před 2 lety +3

    the walkout obviously disrupted things at school, which any good protest should do!

  • @gregkeelen4011
    @gregkeelen4011 Před 4 lety +2

    Please do a movie on BETHEL SCHOOL DISTRICT NO. 403 v. FRASER. It is a great case the deals with student free speech rights. I love your movies and use them often as a source for student research. Thanks & keep rocking!

    • @iammrbeat
      @iammrbeat  Před 4 lety +2

      Thank you so much, and fantastic suggestion!

    • @gregkeelen4011
      @gregkeelen4011 Před 4 lety

      @@iammrbeat You are a educational rockstar! Thanks for making great tools for teachers & students to make learning effective and enjoyable.

  • @haughtywillow2499
    @haughtywillow2499 Před 3 lety +1

    The Supreme Court gave no s about Des Moines. Seriously! Did you hear that pronunciation?

  • @MikeMaris
    @MikeMaris Před 5 lety +1

    The teacher does have the right to give the kid an "F". This is because the teacher is not limiting any free speech but merely following the schedule they have made ahead of time. The students decided not to show up to class and thus get a zero. If the kids really cared about what they were protesting, they should be fine with the F as every action has consequences. If let's say their grade depended on it to pass or something, that still is not the teacher's fault as the student's grade is solely dependent on the student.

  • @bjnt92281
    @bjnt92281 Před 6 lety +1

    I could see the NFL Players Association looking at these cases when I comes to defending players getting punished for taking a knee during the national anthem to protest police brutality.

  • @suhasandavolu2832
    @suhasandavolu2832 Před 2 lety +1

    These videos make it seem like it’s easy to take a case to the SCOTUS

  • @Rcajun17
    @Rcajun17 Před 6 lety +5

    If I walk out of my job on a day we have a big event planned, I can’t make that time up. My employer has every right to replace me with someone more reliable. This kid went to protest something he likely knows nothing about on the same day he was responsible for taking a test on information that will likely contribute to the adult he will become. Sometimes there is nothing better for a student than a hard lesson in the realities of life.

    • @iammrbeat
      @iammrbeat  Před 6 lety +4

      I think it would have been different if it were not school sanctioned. So if your employer knew about the protest and approved of it ahead of time, then you would not get in trouble. Comparing the teacher to the employer is not accurate in this case.

    • @PsychotriaV
      @PsychotriaV Před 6 lety +6

      CuriousGeorge you mean like a strike? Like unions organise to fight for better pay and conditions?

  • @adamorick2872
    @adamorick2872 Před 5 lety

    That teacher shouldn't be bothered. If you're not present for a test it should be a zero

  • @rplpalacio1920
    @rplpalacio1920 Před 6 lety

    they could have finished the quiz but chose not to so they should be graded by what was done only

    • @iammrbeat
      @iammrbeat  Před 6 lety

      Yeah, but it was a school-wide protest and the administrator told all the teachers not to test during that time.

  • @ninja-trix
    @ninja-trix Před 2 lety

    I feel that walking out of class is disruptive as it prevents you from learning while quietly wearing an article of clothing that protests for you is non-disruptive.

  • @benjaminmartis5659
    @benjaminmartis5659 Před rokem +1

    Do Pico v. Board of Education

  • @ShihammeDarc
    @ShihammeDarc Před rokem

    Why is a teacher getting hate for giving a student an F on a test they walked out on?

    • @BrandonBDN
      @BrandonBDN Před 7 měsíci +1

      They didnt just fail the student cause they walked out, the student actually did the test but the teacher failed them to "defend the constitution"
      It was worded really oddly, at first I agreed with the teacher too

  • @MarcBienenfeld
    @MarcBienenfeld Před 2 lety

    i think a problem is that schools care more about a set coriculum which lets face it isnt very good than they are on real education, the armbands were part of a public conversation which is what schools should be about. i remember i found school very stifling for this very reason, not to mention half the teachers didn't seem to know their subjects past reading off a textbook in a bored monotone.

  • @benselectionforcasting4172

    Free Speech!

  • @stephenwright8824
    @stephenwright8824 Před 10 měsíci

    Wearing armbands is almost the definition of passive protest. No penalties should apply, but the protesting students should be prepared for the consequences of the actions they take while protesting and protesting in other forms should be seriously considered as overkill.

  • @chrismackeown6615
    @chrismackeown6615 Před 3 lety

    I know that if I had a cause that I believed strongly in it would not matter to me if I failed the quiz/test. I would still protest and the zero would just be a consequence of fight for something I believed in. Seems pretty whiney to me get an F because I left class to protest then cry that I got an F on the quiz I walked out of.

  • @Dfturcott
    @Dfturcott Před 9 měsíci +2

    Meanwhile in 2004 my highschool exploded with a bunch of pro life or pro choice shirts that I’m going to deem as “graphic” if memory serves correctly and it apparently was fine. Mostly because each faction had a bunch of faculty supporting them but still, Wild times

  • @pw9258
    @pw9258 Před 3 lety +1

    Wow. Wouldn't it be somewhat important to quote the other part of the ruling? It did not find the students had absolute right to free speech. The schools can restrict speech that could harm or disrupt.

  • @pissing_shitting9327
    @pissing_shitting9327 Před 3 měsíci +1

    I’ve went too roosivelt. It’s ight.

  • @fortissimolaud
    @fortissimolaud Před 6 lety +3

    London vs New York City :)

    • @iammrbeat
      @iammrbeat  Před 6 lety +1

      What about NYC vs. LA? I get a lot of requests for that one.

    • @fortissimolaud
      @fortissimolaud Před 6 lety

      What about Assur vs Babylon or Carthage vs Rome? :)

  • @nieshamccoy9419
    @nieshamccoy9419 Před 5 lety

    Adults today need to understand that regardless of how they feel about an issue and a student's right to protest, they have that right.

  • @GLASBE
    @GLASBE Před 2 lety +1

    For the same reason I won't support saluting the flag or school prayer I think this case was wrongly decided. It's not "free speech" if you are not free to walk away and not listen to it, which would normally be easy in public but is not so easy to do inside a classroom.

    • @brandonk.4864
      @brandonk.4864 Před 2 lety

      While I agree it’s not ideal, the alternative would be worse

  • @crazygamer2431
    @crazygamer2431 Před 4 lety

    Do you think by just ok putting your hoodie up in school would pass the tinker test.

  • @zensuufu
    @zensuufu Před 2 lety

    Kids still don't have free speech in school.
    For instance, If you say a "bad word" you get punished.

  • @davestrasburg408
    @davestrasburg408 Před rokem +1

    As much as l would have supported the American military involvement to protect the Vietnamese people from the terror of communism, l equally strongly support the First Amendment. Students too do possess a minimum of Freedom of Expression; this cannot be absolute, but this idiotic "protest" was neither violent nor disruptive. The Court was right.

    • @seanmurphy3357
      @seanmurphy3357 Před 7 měsíci

      So what part of uaing agent orange on citizens was protecting them.

  • @lindsaydiaz2790
    @lindsaydiaz2790 Před 4 lety

    this was for my computer class lol

  • @RumbleRish
    @RumbleRish Před 5 lety

    No the school walkout does not qualify as free speech protecting him from getting an F... it’s not an “excused absence” just like walking out on a quiz for almost every other reason is not excused. If you walk out of a quiz you get an F, how hard is that to understand? Of course there are valid reasons to miss quizzes (weddings, funerals, illness).

  • @lukedetering4490
    @lukedetering4490 Před 6 lety +1

    3:46 I agree with the teacher about the Los Gatos case. If the student walked out during class during the quiz, he deserves a 0, just as if he was taking a final exam.
    However I agree the student in question should be entitled to a full re-do to the quiz since he was skipping school for what he believed was right.

    • @iammrbeat
      @iammrbeat  Před 6 lety

      Sounds pretty reasonable to me.

  • @ahhzeeahh6544
    @ahhzeeahh6544 Před 4 lety +2

    I think the teacher is right for giving him at F… for the kids, yeah you can protest if you want but that don’t mean the deadline is due.

  • @everydaym8
    @everydaym8 Před 2 lety

    Wearing an armband with symbol is kinda iffy though, but yeah schools shouldn't really be able to suppress students rights

  • @icarusunited
    @icarusunited Před 2 lety +1

    The teacher was justified in giving the F.
    That's the consequence of protesting. You should take it in pride. Life doesn't just stop because your protesting. It continues.

  • @gingergargoyle
    @gingergargoyle Před 6 lety

    Yes the teacher was justified - this is not an issue of Free Speech, it was an issue of not finishing said test/remaining in your seat until the test was finished (unless the school had a policy which excuses students once they have finished)

    • @zacharyhenderson2902
      @zacharyhenderson2902 Před 6 lety

      gingergargoyle true, but in this instance the school district, itself, had previously approved the walkout.

  • @keanndrafrancis3039
    @keanndrafrancis3039 Před 3 lety

    I have a test and i know nth

  • @carlosalvidrez9268
    @carlosalvidrez9268 Před 4 lety

    2:28

  • @terranovaai
    @terranovaai Před 5 lety

    I met marry Beth tinker

  • @brandonk.4864
    @brandonk.4864 Před 2 lety

    Good decision