Topic > The Case of Tinker V. Des Moines School District - 1304

We all have the opportunity to express our opinion on matters that matter to us. The First Amendment guarantees us freedom of speech and expression. However, this was not provided to all students in 1968. During this time, there were three students in Des Moines, Iowa, who wore black armbands to school. These armbands were a symbol of protest against the United States' involvement in the Vietnam War. After the Des Moines school district became aware of this plan, it instituted a policy banning the use of armbands, leading to student suspensions. A lawsuit has been filed against the Des Moines school district, alleging that this principal goes against students' First Amendment rights. Thus, in the case of Tinker v. Des Moines Independent Community School District, Judge Abe Fortes ruled that the policy of banning armbands is contrary to students' First Amendment rights. However, Justice Hugo Black dissented from this decision, determining that the principle is permissible under the First Amendment. Using case law, the First Amendment, and previous cases, Judge Abe Fortas explains the reasoning behind why the principle was inadmissible. In the first two paragraphs, Fortas provides a brief summary explaining how the policy banning armbands is against the First Amendment. In the next paragraph, Fortas states, “Only a few of the school system's 18,000 students wore black armbands.” In introducing his first argument, he supports this fact by explaining how “the work of schools and any class [has] not been stopped.” Regarding the fourth paragraph, Judge Fortas provides a counterargument to what the District Court stated. The district court concluded that the school authorities were reasonable because it was based on their fear of... half of the paper, detailed explanations, and the First Amendment to show how the armband policy goes against the First Amendment. As for Judge Hugo Black, he uses facts and other case decisions to explain why politics is permissible under the First Amendment. However, Judge Black does not explain, in elaborate detail, the facts included nor a strong reasoning as to why he believes this policy is permissible. While Justice Abe Fortas and Justice Hugo Black included strong points, Justice Abe Fortas was more persuasive with his argument. For Judge Abe, each related point and the main points introduced were further developed through the facts of the case, the District Court's decision and other decisions on the case. There is a fluency that Judge Fortas possesses that was not present in Judge Black's dissenting opinion. Judge Black looked nervous and his organization was confused.