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1. Tinker v. DesMoines Independent Community School District, 393 US 503 (1969)
In this case, the petitioners were John and Mary Beth Tinker and Christopher Eckhardt.
These sere teenage high school students that were suspended from school for wearing black
armbands in violations of a school policy against wearing armbands with political meaning. In
this case, the armbands represented objections to what was occurring in Vietnam at the time. The
three students were suspended for over two weeks (December 16-the new year) and their parents
filed legal action in the District Court on their behalf against the school administration. The
students/parents held that they have the right to express themselves and their opposition to
foreign policy and that right of freedom of speech and expression was being denied by the school
administration. Alexander and Alexander (2017) stated that the students claimed the suspension
denied them the right to express their view which is a violation of the First Amendment. Upon
hearing the case, the District Courts found that the student’s actions were protected under pure
speech. The school administration appealed the decision and the Court of Appeals held the
rulings. They noted that the United States Constitution makes it illegal to deny all citizens, even
students, the right to express themselves freely. Because wearing armbands did not cause an
interruption to school operations and did not interfere with any other students right to privacy
then it should be allowed. The findings in this case were instrumental in allowing students to
express their views without fear of repercussions. In this case, wearing armbands served as a
form of nonverbal communication and was considered a legal way to express their disagreement
with the political decisions that were impacting the world at that time. Stopping, or even
slowing, the interference of school administrations in regards to student’s civil rights will bring
about changes on a larger scale. Students, even those as young as preschool, are entitled to
making decisions for themselves. This particular case finding in favor of the students was a
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critical decision because it affirmed the first amendment rights of students. I was very impressed
with the courage of these three students. I do not believe that I would have been able to have
been so brave when I was in high school. Because of their courage and nondisruptive behavior,
the students were able to pave the way for other students to openly exercise their rights. The was
no danger to other students or the course of instruction. This case was a milestone case in
bringing attention to student activism. As a result, students all over the United States are able to
bring awareness to any issue, political or otherwise, by protesting, campaign, or use their voices
in any way that does not cause undue disruption to the education of others. Under the First
Amendment, our youth are able to rest assured that they rights are protected and their voices can
be heard, even on topics that were previously considered “adult”. Watching the young people of
today become activists with causes dear to them is refreshing. Knowing their right to engage in
these activities are protected gives hope for the future of our country, and our world.
2. Pickering v. Board of Education, 391 US 563 (1968)
In the case of Pickering v. Board of Education, a teacher from Township High School
criticized the administration of this district in the local newspapers and was subsequently fired.
The school division had decided to incrementally increase the tax rates and the teacher’s letters
expressed his disapproval. The most pertinent issue was that the teacher was penalized for
expressing his concerns with a public issue such as taxes. Teachers are representatives of the
school, but they are also members of the community and as such should have the right to express
their opinion regarding policies. This case was muddied by the teacher’s actions and some
statements that may or may not have been truthful. DeMitchell and Stipetic (1995) discussed
that this case discussed the difference between privileges versus rights. In this case, the actions
of the teacher did not interfere with any obligations to the school division. No one would have
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questioned any other citizen questioning an increase in taxes that was necessary for the school to
fund educational projects. The question was that this was a teacher publicly condemning the
actions of their employer. Alexander and Alexander (2017) shared that the Supreme Court held
that Pickering was within his rights to speak out on issues of public concern and was protected
under the First Amendment’s freedom of speech. The judges had the unenviable task of
weighing the private versus public interests of a public servant and determining if the actions
were personal or not. This type of case shows us that as long as valid concerns are being raised
and do not involve slander or damage the reputation of a person or entity, then freedom of speech
is to be protected. As a public employee that also lives in the community where I teach, this case
was reassuring to me. As a result of this case, I can rest assured that my right to speak out on
public issues without fear of repercussions from my employer. DeMitchell and Stipetic (1995)
state that “whistleblowing” is allowed if the message is a true public concern. Public officials
are able to raise awareness when the leadership abilities of public officials are legitimate
concerns. This allows for all government departments, schools included, to be held accountable
to the citizens for the decisions they make. The rights of all citizens to use their voices for the
betterment of the community are so important and should be protected to the greatest extent that
the law allows. This includes the right to use any type of media to express those legitimate
concern. This is an issue that I see becoming more and more important as social media and
access to a public form only grows in the future.
3. Brown v. Board of Education, 347 US 483 (1954)
The facts of Brown versus Board of Education was a class action lawsuit with Oliver
Brown and 13 parents from Topeka, KS (representing a total of 20 children) against the Kansas
Board of Education in Topeka. Alexander and Alexander (2017) describe this case was one of
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five cases sponsored by the NAACP that was presented to the Supreme Court and was filed to
reverse the racial segregation policy in the public-school system. The Board of Education in
Topeka allowed racial segregations in all levels and this impacted thousands of students over the
course of the policy. The District Court ruled in favor of continuing with the segregation
policies. They cited Plessy versus Ferguson as the standard. It was appealed until it was heard
before the Supreme Court. Guineir (2004) tells us that the result of this final appeal was a
unanimous ruling in favor of Brown and the other plaintiffs. The court held that separating
students by race resulted in denying minority students an education near their homes. They
further held that continuing to engage in systemic prejudice violate the Fourteenth Amendment
rights of the students to equal educational opportunities. Segregating schools by race was
considered to be state-endorsed and was deemed unlawful and was harmful to the minority
students. This case acknowledged that separate, but equal was not valid. This case was so
important in my opinion. All students, regardless of race or socioeconomic status should receive
the same access to a quality education. The community I grew up in was the opposite of diverse,
however, the community where I now live and work are incredibly diverse. I cannot imagine my
classroom without that diversity. This case was instrumental in beginning the work needed to
stop the marginalization of certain populations in America. This case allowed for students to
become fully integrated in public schools and held that all humans are equal regardless of the
color of their skin. If not for this case, it is possible that America would continue to be
significantly divided. Bigotry would continue to be passed down through the generations and
fighting amongst the different races. The case was widely supported by the public and was an
affirmation from the courts that racism and racist ways of thinking were not acceptable. People
form one race, the human race and the amazing variety displayed by our skin should not be a
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reason for a person to be considered less than any other person. While I believe that we have a
long way to go in eradicating racism completely, we are so far from where we were as a society
at the time of Brown versus Board of Education. I can only imagine the feelings that Brown and
the other parents would have felt in watching our amazing nation elect an African American
president. American is the land of opportunity. Cases like this reiterate that we are all equal of
the same treatment and the same opportunities.
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References
Alexander, K. W., & Alexander, K. (2017). Higher education law: Policy and perspectives. 2nd
Ed. Routledge. New York, NY
DeMitchell, T., & Stipetic, J. (1995). The superintendent, the school board, and free speech: A
question of loyalty. The Clearing House, 68(6), 367-371.
Guinier, L. (2004). From racial liberalism to racial literacy: Brown v. Board of Education and the
interest-divergence dilemma. Journal of American History, 91(1), 92-118.
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