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Writing a Legal Opinion - Essay Example

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In 1965 a group of students and parents in Des Moines met and decided that they wanted to do something in protest against the Vietnam War. It was decided that students should wear black armbands signalling their protest at school. …
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Writing a Legal Opinion
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Download file to see previous pages Learning of this decision, school officials responded by implementing a ban on the wearing of black armbands. Students wearing the armband would be asked to remove them and should they refuse to do so, they would be suspended. Two Tinker siblings and another student (Petitioners) wore black armbands and upon being asked to remove them, refused and were subsequently suspended. The three students filed a complaint against the Des Moines Independent Community School District (Respondent) in a Federal court claiming violation of their First Amendment Right to Free expression. That suit failed and the petitioners eventually appealed to the US Supreme Court. The petitioners invoked the First Amendment to the US Constitution which essentially protects freedom of speech, freedom of religion, freedom of peaceful assembly and the right to “petition the Government for a redress of grievances” (US Constitution, First Amendment). The main question in the Tinker Case was therefore whether or not the wearing of an armband constituted speech and if so, whether or not banning the wearing of armbands amounted to a violation of free expression/speech pursuant to the First Amendment of the US Constitution. The petitioners argued that wearing armbands was a protected First Amendment right in that it constituted expression of an opinion. ...Download file to see next pagesRead More
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