The Case of Tinker Vs. Des Moines

The three students were suspended from school for wearing the black armbands and could not return to school until they agree not to wear it. The students returned to school without the black armbands after January 1, 1966 and their father filed a lawsuit in US District Court. (www.streetlaw, Inc , 2010). Even though most of all of Supreme Court case from the time of Tinker V. Des Monies case have restricted the student rights of expression, student should express themselves freely as the 1st Amendment prohibits laws that limit free expression.
             Justice White have discussed about the student's behavior about the armbands in a case study with Johnson. He had pointed out something about the attention some students would take about the armbands; rather than continue with their studies. (Document E, Oral Argument: The Tinkers' Case, Tinker v. Des Moines, 1969) He was only expressing his concern on what would happen when the students did take notice. It was reasonable. After all, education is the key to knowing.
             The lawsuit argued that the first amendment was violated from the students. The first amendment says that, "Protects the freedom of speech and prohibits limitation to that speech or otherwise related." Congress shall make no law respecting an establishment of religion, prohibiting the free exercise there of on abridging the freedom of speech, the press or the right of the people peaceable to assembly and to petition the government for a redress of grievance (Us Constitution). The Tinkers should have been allowed to wear armbands to school because students should not have the same beliefs as the school and district and can exercise their freedom of expression as long their self-expression isn't disruptive to others. On that note, they are only wearing the armband to honor the deceased of the war. It's not hurting anyone, rather it's only an emotional response to the outcome of the war; mostly death-related.