Question
Based on the Supreme Court case Tinker v. Des Moines, it would be legal for you to wear an armband to school in order to protest an action taken by our government if it did not create a distraction. What is the basis for this?(1 point)
Responses
protected symbolic speech
protected symbolic speech
Establishment Clause
Establishment Clause
freedom to petition
freedom to petition
freedom to assemble peacefully
protected symbolic speech
The basis for it would be protected symbolic speech. In the Supreme Court case Tinker v. Des Moines, the court ruled that students do not "shed their constitutional rights to freedom of speech or expression at the schoolhouse gate." As long as the armband does not create a substantial disruption or distraction to the educational environment, it would be considered protected symbolic speech.
The correct answer is "protected symbolic speech." The basis for this is the Supreme Court case Tinker v. Des Moines. To understand the reasons behind this, we need to look into the facts of the case and the Court's decision.
Tinker v. Des Moines (1969) involved a group of students who wore black armbands to school as a form of protest against the Vietnam War. The school authorities, however, implemented a policy that prohibited the wearing of armbands.
The Supreme Court ruled in favor of the students, establishing the principle that students do not "shed their constitutional rights to freedom of speech or expression at the schoolhouse gate." In other words, students have the right to freedom of speech and expression, even while at school, as long as it does not cause a substantial disruption to the learning environment.
The Court considered the wearing of armbands to be a form of symbolic speech. Symbolic speech refers to non-verbal expressions, such as gestures, actions, or clothing, that convey a particular message or viewpoint. The Court recognized that student expression, even when symbolic, is protected under the First Amendment as long as it does not create a significant disturbance.
Therefore, based on the Tinker v. Des Moines decision, it would be legal for an individual to wear an armband to school to protest a government action, as long as it does not create a distraction or substantial disruption in the school environment. This ruling upheld the right to protected symbolic speech in student expression.