Tinker v.

Des Moines (1969)

Legal Brief #1

Steve Hustack

Facts of the Case:

- In December 1965, a group of students in Des Moines met and planned a public showing

of support for a truce in the Vietnam war.

- They decided to wear black armbands through the holiday season.

- The principals met and created a policy that any student that wore an armband would be

asked to remove it, and refusal to do so would result in suspension.

Issues:

- On December 16, Mary Beth Tinker and Christopher Eckhardt wore their armbands to

school and were sent home. The next day, John Tinker did the same with the same result.

- The students with the help of their parents sued the school district for violating their right

to expression provided to them through the 1st amendment.

Ruling:

- The district court dismissed the case.

- The US court of appeals upheld the district courts decision by a majority 7-2.

Rationale:

- The supreme court stated the students did not lose their 1st amendment rights of freedom

of speech when they stepped onto school property.

 - The Supreme Court held that the armbands represented speech that is entirely separate

from the actions or conduct of those participating in it.

Conclusion:

- I can understand why the school wanted to squash the ideas of the kids before it got out

of hand. However, these armbands never showed to be a distraction or used as a protest

item throughout the school. If I were in this situation I would only take action if the

situation wee to be a distraction from how the school were to run normally.

Citation:

- Tinker v. Des Moines Independent Community School District. (n.d.). Oyez. Retrieved

April 1, 2017, from https://www.oyez.org/cases/1968/21

 Wisconsin v. Yoder (1972)

Legal Brief #2

Steve Hustack

Facts of the Case:

- Jonas Yoder, Adin Yutzi, and Wallace Miller were members of the Amish religion. They

were prosecuted under Wisconsin law that required all children to attend public school

until the age of 16.

Issues:

- The three parents refused follow that law and thus their kids stopped schooling at the end

of their eighth-grade year. The parents argued that sending their kids to high school was

against their religious beliefs.

Ruling:

- In a unanimous decision, the court ruled in the favor of the 3 parents.

- The court stated that the freedom of religion under the 1st amendment far outweighed the

states law that student must attend school until the age of 16.

Rationale:

- The Court found that the values and programs of secondary school were "in sharp

conflict with the fundamental mode of life mandated by the Amish religion," and that the

additional years of school would not produce enough benefit to justify the law of

Wisconsin.
Conclusion:

- I agree with the ruling in this case, the Amish have a different and special way of life

based on their religion. It is their right and the parents right to have the say in what is best

for their children.

Citation:

- Wisconsin v. Yoder. (n.d.). Oyez. Retrieved April 1, 2017, from

https://www.oyez.org/cases/1971/70-110