Tinker and Free Speech in Schools

Tinker v. Des Moines set in motion a debate around the First Amendment that we explored at the Federal Courthouse in Philadelphia today. Should students be allowed to walk around school wearing "I 'heart' boobies" bracelets? Can a student hold up a sign stating, "Bong hits 4 Jesus" during a school sponsored event off campus? These were the questions that stemmed from the Tinker case of 1969. In 1969, Mary Beth Tinker, went to school wearing a black armband representing her protest of the Vietnam War. She was told to remove the armband and was suspended from school. The family filed a lawsuit, arguing that her First Amendment rights were violated, and ultimately, the Supreme Court ruled in favor of the family. The opinion included a famous line, "It can hardly be argued that either student or teachers shed their constitutional rights to freedom of speech or expression at the schoolhouse gate."

Our English class had participated in the ACE program this year, which included monthly visits from local lawyers and judges. Today was the concluding event, and it was fun to see students put in the position to think critically and express their views. A piece of advice from one of our hosts to any future lawyers was, "It does not matter whether you are right or wrong; what matters is that you are able to express a cogent case for your position." This makes a lot of sense to me as an English teacher because matters are rarely every black or white, and I expect my students to think critically everyday to see multiple perspectives on any issue. We sat in a beautiful courtroom, and Nine students even dressed up in robes to act as official court justices to hear the case that other students made to them.

As a teacher, I know that just the opportunity to get out of the school building and experience city was refreshing. It was a reminder of why we are in school to begin with: to prepare students for life beyond school. Opportunities for students to get outside of the bubble of their school are important. It makes their education more tangible, and they get to ss how adults, other than their teachers, socialize and work. If we are educating students to prepare them to life, how can we find more authentic ways to open the world up for them? A bigger question would be, what is the role of school in society?