Random
What is so delicate that saying its name breaks it?
silence.
This major event led the children to protest.
What is the Vietnam War?
True or false: this trial made it to the supreme court
True
If the "Tinker" decision were to be reversed, school's would be allowed to essentially eliminate symbolic and free speech from schools. A clear violation of this Amendment.
What is "The First Amendment"
What is the primary legal principle from Tinker?
Students do have First Amendment rights while at school.
The rationale used to support the U.S. District Court's ruling.
School authorities reasonably perceived that a disturbance would occur if the armbands were worn.
One must do this when writing a summary.
Be objective and avoid altering the summary with one's own opinions or interpretations (unless the summary includes analysis).
“This thing all things devours;
Birds, beasts, trees, flowers;
Gnaws iron, bites steel;
Grinds hard stones to meal;
Slays king, ruins town,
And beats mountain down.”
Time
The students wore this in order to protest.
What are black armbands?
Identify whether the following statement is true or false. "The first time a federal court of any kind used the substantial disruption test/standard and ruled in favor of students was in Tinker v. Des Moines."
False. In 1966 the Fifth Circuit Court ruled 3-0 that public school students in Philadelphia, Mississippi could not be suspended for wearing "freedom buttons" because there was no evidence it caused a substantial disruption.
Are rights given under the 1st amendment limited, if so give an example.
Yes, an ex: freedom of speech cannot impose a direct threat to national security
DAILY DOUBLE: Justice Fortas cites the precedent of Meyer V. Nebraska which talks about Sparta and military education in order to do this.
Emphasize the fact that our nation values diversity over conformity
Name one justice who dissented
Hugo Black and John M. Harlan
Use of grammatically or structurally similar sentences to emphasize the importance of or relationship between ideas.
Parallelism
First, think of the color of clouds.
Next, think of the color of snow.
Now, think of the color of a bright full moon.
Now, answer quickly: What do cows drink?
Water
These are the ages of the three students involved in the case.
This describes the distribution of the Court of Appeal's vote on the case.
Equally divided in a 50/50 split.
This is where the first amendment is located.
What is the Bill of Rights?
The school did not prove this, which is part of the reason the Supreme Court ruled against them.
That the students caused " material and substantial disruption".
What are some examples of behavior that do not meet the material and substantial disruption standard?
Side conversations, discussion in history class, walking around quietly with a bible.
By looking at word choice
What did the left eye say to the right eye?
Between you and me something smells.
List the full names of the three students involved in the case.
Mary Beth Tinker
John Tinker
Christopher Eckhardt
If the Supreme Court would have ruled against the Tinkers and for the Des Moines School District would it be easier or more difficult for school officials to suspend students they see as disruptive?
Easier. The Tinker Standard was created as a result of the case and it forced school officials to prove that forms of expression ,that were not lewd, would create or had created a substantial and material disruption to the educational environment before they took disciplinary action.
Political buttons and Iron Crosses.
Schools cannot discipline because of this.
Fear of what might happen.
DAILY DOUBLE: What political concerns did the court use to justify their decisions?
Politically, the Justices had to consider that our political system values freedom and independence which should be supported in our education system.
This is the universal underlying idea, meaning or message of a work.
What is the theme?
I have lakes with no fish.
I have roads with no cars.
What Im i?
A Map.
This group of the school's administration became aware of the Tinker's plan. On December 14, 1965, they met and adopted a policy forbidding the wearing of armbands.
Who were the school's principals?
The Supreme Court ruled this about the armbands.
The arm bands were a form of freedom of protest & expression (1st Amendment) that did not disrupt the class.
Someone who is disputatious like to do this to everything someone says.
argue with or object to
What is the standard from Tinker?
"Material and substantial disruption".
What are some examples of places that have been declared school grounds?
Playground, bus stop, sports teams events.
DAILY DOUBLE: Provide one specific example of how Poe or Hawthorne created tension in their story.
Answers vary
What are some examples of allowed free speech?
Arm bands, religious jewelry, some t-shirt slogans.
This is what the students did after they were suspended.
What is sue the school?
The side in favor of which the U.S. District Court ruled.
They ruled in favor of the school
Scrupulous means this.
To be thorough
Supreme Court Justice Black argued that the Tinker's actions were actually disruptive. Name two pieces of evidence he used to support his argument.
Comments and warnings were directed at the Tinkers, one student warned others not to bother the Tinkers, Mary Beth Tinker's math class was disrupted because of an argument over the armband with the teacher and John Tinker became incredibly self conscious in attending school with the armband on.
The "Hazelwood V. Kuhlmeier" decision allows schools to regulate the content of a school sponsored newspaper, provided the school has this type of reason for doing so.
What is "legitimate educational reason"?
Simile, metaphor, personification, informal, long sentences.
Riddle: I am the beginning of everything, the end of everywhere. I’m the beginning of eternity, the end of time and space. What am I?
Answer: The letter “e”
What school district was involved in this case?
Des Moines Independent Community School District
The Court of Appeal's decision allowed for this, which meant a higher court could review the decision.
Certiorari
DAILY DOUBLE: Summarize Justice Black’s views on students’ First Amendment rights.
Students have First Amendment rights, but they cannot say anything they want at any time and in any place. According to evidence, the armbands were a source of disruption. Finally, the court should not have assumed the authority to determine what was or wasn't reasonable in the school environment. Rather, the students should have been made to follow the rules of their school.
The District Court and the Court of Appeals upheld this principle
that the school can limit students' rights in order to prevent potential interference with the school activities/function.
What social concerns did the court use to justify their decisions?
Socially, the Justices had to consider the 1960's unrest.
Thinking back to "The Minister's Black Veil" and "The Pit & the Pendulum" we discussed romanticism, symbolism, and this other word (that starts with s) which is tightly tied to purpose.
Structure
New, and may potentially include the ability to grow with time.
This complaint was filed in the United States District Court by petitioners, through their fathers, § 1983 of Title 42 of the United States Code. It prayed for this, which would restrain the respondent school officials and the respondent members of the board of directors of the school district from disciplining the petitioners.
An injunction
What was the ratio of the Supreme Court vote?
7:2
This judge said, “It is a myth to say that any person has a constitutional right to say what he pleases, where he pleases, and when he pleases.”
Who is Justice Black?
What is the importance of the Tinker vs Des Moines trial?
shows that students still have rights under a school zone that cannot be violated unless it causes a disruption in the school
DAILY DOUBLE: This is the reason that the judge's concurring and dissenting opinions are included in the record of the court case and why specific court cases are cited.
Concurring and dissenting opinions, when provided in addition to the citation of court cases, helps lawyers understand how/why the final decision was reached. As court cases are essentially argument, knowing precedent rulings and dissenting/concurring opinions on these rulings can help lawyers prepare their arguments and predict potential counterclaims that they might need to address.
The use of generally human characteristics for nonhumans.
What is personification?
Riddle: Where does today come before yesterday?
Answer: The dictionary
The students sought this as repayment for having been suspended.
nominal damages
Which circuit court was the case tried in?
Eighth
The "Tinker" decision (specifically) has affected the authority of school boards and personnel by requiring school personnel show student/symbolic speech interferes with the school's functions before they can do this to student's speech/symbolic speech.
What is "censor" student/symbolic speech?
If you get in trouble, you may try to disclaim responsibility. Disclaim means this...
deny or refuse to accept responsibility for.
In "Bethel V. Fraser" this type of speech was ruled to be an exception to the "Tinker" standard of "substantial material disruption" being needed to censor student speech.
What is "lewd/vulgar/indecent speech"?
These two types of figurative language involve comparison.
What is simile and metaphor?
What are examples of disallowed speech?
Advocating drug use, vulgar speech, threatening speech.
This was the year in which the case was decided.
1969
What did the Court of Appeals rule?
The Court of Appeals offered no opinion, upholding the District Court's ruling in favor of the school
What amendments were the students protected by according to the Supreme Court?
1st and 4th
Justice Fortas believes this type of freedom must triumph over fears as it is the foundation of our nation.
"hazardous freedom"
The 16 year old student's mother was an offical in this group.
What is the Woman's International League for Peace and Freedom.
Joyce Carol Oates was arguing against this in "Against Nature".
The limited set of responses in nature writing.
What word in the English language does the following: the first two letters signify a male, the first three letters signify a female, the first four letters signify a great, while the entire word signifies a great woman?
Heroine
The Tinkers, and friends, were determined to publicize their objections to hostilities in Vietnam and their support for a truce by wearing armbands during the holiday season and by doing this on December 16 and New years Eve.
Fasting
Give an example of a majority opinion on the case
Possible ex: Peaceful protest/ not taking away from learning environment
Name all 5 rights protected under the 1st Amendment.
Freedom of Religion, Assembly, Press, Petition, and Speech
Supreme Court Justice Black argued that the Tinker's actions were actually disruptive. Name two pieces of evidence he used to support his argument.
Comments and warnings were directed at the Tinkers, one student warned others not to bother the Tinkers, Mary Beth Tinker's math class was disrupted because of an argument over the armband with the teacher and John Tinker became incredibly self conscious in attending school with the armband on.
An argument must contain:
1)A claim
2)reasons that support the claim
3)evidence
4)and _______ with _________.
counterclaim(s) with (a) rebuttal
In the "Lowest Animal" these four things make up satire.
Humor, exaggeration. absurdity, and irony.