Tinker v Des Monies (1969) Student Rights

At the height of the Vietnam War students in the Des Moines Independent Community School District in Iowa wore black armbands to school as a statement of their dissatisfaction with U.S foreign policy. The School said the armbands went against school dress code. The students argued that the ban was a violation of the Free Speech Clause of the First Ammendment. The courts agreed with the students, saying that the armbands did not interfere with daily school operations.

Importance of this case-This was one of the first cases that was in favor of the students and the right for freedom of symbolic speech under the First Amendment. This case paved the way for student expression.

Sources: https://www.aclu.org/other/tinker-v-des-moines-landmark-supreme-court-ruling-behalf-student-expression http://www.iptv.org/iowapathways/mypath.cfm?ounid=ob_000355

Teacher Action- As a teacher I would teach inclusion. This is where I would be tolerant and respectful to students who stand up for their first amendment rights. I would also teach my students to be respectful of others and their personal beliefs. I would do activities that show my students the history of free speech. This could be researching current events and researching the first amendment. I would also have my students do activities about symbolic speech and what it is.

Sources-http://landmarkcases.org/en/landmark/cases/tinker_v_des_moines#Tab=Overview, http://ncac.org/resource/first-amendment-in-schools

Diversity- In my classroom I will have a very diverse group of students. All of my students will have different beliefs and opinions. It is important as a teacher that I respect all of my students and to be tolerant of their beliefs and opinions. It is important to teach students diversity and that everyone is different. In my classroom no student will feel left out. I will make sure that students have the right to free speech and symbolic speech as long as it does not interfere with classroom learning. To promote diversity in the classroom we will do activities that let us learn about each other and what makes us different.

Technology- I would have the students look up the case of Tinker v. Des Monies. I would have them research the case and cases like it. It the student felt strong about the facts in the case they could use their first amendment rights to post their opinion on social media such as facebook and twitter. Social media is a very powerful tool. This could raise awareness for student rights and freedom of speech.

Benefits- The benefits are students can feel comfortable to share their beliefs and opinions in school without fear. This helps students so they don't feel they need to made a scene somewhere else just to get the attention of others. Students have the right to express who they are by how they dress and what they stand for.

Sources-http://principalsguide.org/the-first-amendment-and-student-media/, http://www.firstamendmentcenter.org/k-12-public-school-student-expression-overview

Teacher Rights

Board of Regents v. Roth (1972)- David Roth was hired for for his first teaching job as assistant professor of political science at Wisconsin State University-Oshkosh. He was hired for a fixed term for one academic school year. After the academic year the teacher was not rehired. In Wisconsin law since the teacher was not tenured there is no reason need to be given on why you are not rehired for another academic term. Roth claimed that this was deprivation of is fourteenth amendment rights. The court ruled that "The Fourteenth Amendment does not require opportunity for a hearing prior to the nonrenewal of a non tenured state teacher's contract.

Importance of the case-This is a case where teachers have no protection if they are not tenured. In some states like Wisconsin they can use the "Just cause" clause. This allows schools to fire any teacher that does not have tenure and they don't have to give a reason.

Sources-https://supreme.justia.com/cases/federal/us/408/564/case.html, http://lawhigheredu.com/20-board-of-regents-of-state-colleges-v-roth.html

Teacher Action- If I were a teacher without tenure I would make sure to follow all district guidelines. I would make sure to teach to the best of my abilities and follow district standards. I would also provide data each year that shows the progress of each of my students. It is important that you are able to show growth of each of your students.

Sources-https://www.atpe.org/en/Resources/New-Teachers/What-I-Wish-I-Had-Known, http://www.educationrights.com/teacherrights.php

Diversity-It is important to make your classroom diverse and to make sure every student in your classroom feels welcome and included. Make sure yourself as a teacher is well educated on diversity. It is important to teach your students to be respectful of others.

Technology- I can research what my rights as a teacher are, and what protections I have. I can can communicate with other teachers and see what they did to protect them from being fired before they were tenured. It is important to research the state you are teaching in and hat rights as a teacher you have. Some states it takes three years to be tenured, some it's five and others have no tenure. Use the resources you have available to help you.

Benefits- There are good and bad benefits for students when it comes to teacher's rights and protections. The positive benefits are that if a first year teacher is awful they can be fired without cause. The negative benefit is that teachers that have tenure may be awful and horrible teachers, but for them to be fired it is almost impossible. Unfortunately some teachers that are tenured give up and the students are the ones that suffer. There are pros and cons of tenure.

Sources- http://www.teachhub.com/teacher-tenure-pros-cons, http://www.aft.org/ae/summer2015/kahlenberg

Teacher personal rights

Case-Freshwater v. Mt. Vernon City School District Board of Education- John Freshwater an 8th grade science teacher was fired for using religion displays in his classroom. He kept a bible in his desk and a copy of the Ten Commandments on his classroom bulletin board. Freshwater was warned several times about teaching creationism and to take down religious displays. Freshwater argued that the school district violated his free speech rights. The Ohio Supreme Court ruled that the First Amendment does not allow public school teachers to impose their faith on students.

Importance- This is a cause where the teacher went to far and was imposing his personal beliefs onto his students.

Sources- http://www.sconet.state.oh.us/rod/docs/pdf/0/2013/2013-ohio-5000.pdf, https://www.au.org/our-work/legal/lawsuits/freshwater-v-mount-vernon-city-school-district-board-of-education

Teacher Action-As a teacher you have the right to your own personal beliefs, but as a public school teacher you do not have the right to use your power as a teacher to impose your views and beliefs onto your students. As a teacher you can talk about religion as long as it is part of the circulicm. As state with the case earlier your first amendment rights do not protect public school teachers from imposing thier beliefs onto students. As a teacher you are a role model to your students. You want to make sure you have a classroom where everyone feels comfortable. Students are very impressionable so it is important not to inflict your personal beliefs on them.

Sources-http://archive.adl.org/religion_ps_2004/expression.html, http://www.tolerance.org/blog/can-i-say-can-i-wear

Diversity- As a teacher you need to have a classroom that is diverse, and encompasses all kinds of cultures. It is not okay for a teacher to have a classroom that is filled with religious material and their personal religious displays. This can cause students to be uncomfortable and feel like they have to believe in what the teacher believes in.

Technology- If a teacher feels strongly about their personal beliefs they can use their First amendment right of free speech to voice their beliefs on their social media page. Teachers have to be careful on who has access to their page.

Benefits- Benefits of teachers not imposing their personal beliefs in the classroom is that students feel safe. They feel safe to speak what on their mind without fear from the teacher. It is important that the teacher provides a balance between school and their personal beliefs. You will also have a better connection with students when you listen to them and let them know what they say is important.

Sources-http://www.amle.org/TabId/270/artmid/888/articleid/709/Do-Teachers-Remain-Neutral-or-Share-their-Beliefs-with-Students.aspx, http://www.startribune.com/is-classroom-off-limits-to-teacher-views/136212618/

Created By
Meredith Stockton

Made with Adobe Slate

Make your words and images move.

Get Slate

Report Abuse

If you feel that this video content violates the Adobe Terms of Use, you may report this content by filling out this quick form.

To report a Copyright Violation, please follow Section 17 in the Terms of Use.