Supreme Court Case of Tinker v. Des Moines

The 1969 Supreme Court case of Tinker v. Des Moines found that freedom of speech must be protected in public schools, provided the show of expression or opinion—whether verbal or symbolic—is not disruptive to learning. The Court ruled in favor of Tinker, a 13-year-old girl who wore black armbands to school to protest Americas involvement in the Vietnam War. Fast Facts: Tinker v. Des Moines Case Argued: November 12, 1968Decision Issued:  February 24, 1969Petitioners: John F. Tinker and Christopher EckhardtRespondent: Des Moines Independent Community School DistrictKey Question: Does prohibiting the wearing of armbands as a form of symbolic protest while attending a public school violate students First Amendment rights?Majority Decision: Justices Warren, Douglas, White, Brennan, Stewart, Fortas, and MarshallDissenting: Justices Black and HarlanRuling: Armbands were deemed to represent pure speech and students do not lose their First Amendment rights to freedom of speech when they’re on school property. Facts of the Case In December 1965, Mary Beth Tinker made a plan to wear black armbands to her public school in Des Moines, Iowa, as a protest to the  Vietnam War. School officials learned of the plan and preemptively adopted a rule that prohibited all students from wearing armbands to school and announced to the students that they would be suspended for breaking the rule. On December 16, Mary Beth and more than two dozen other students arrived at their Des Moines high, middle, and elementary schools wearing black armbands. When the students refused to remove the armbands, they were suspended from school.  Eventually, five of the older students were singled out for suspension: Mary Beth and her brother John Tinker, Christopher Eckhardt, Christine Singer, and Bruce Clark. The fathers of the students filed a suit with a U.S. District Court, seeking an injunction that would overturn the schools armband rule. The court ruled against the plaintiffs on the grounds that the armbands might be disruptive. The plaintiffs appealed their case to a U.S. Court of Appeals, where a tie vote allowed the district ruling to stand. Backed by the ACLU, the case was then brought to the Supreme Court. Constitutional Issues The essential question posed by the case was whether the symbolic speech of students in public schools should be protected by the First Amendment. The Court had addressed similar questions in a few previous cases, three of which were cited in the decision. In Schneck v. United States (1919), the Courts decision favored restriction of symbolic speech in the form of anti-war pamphlets that urged citizens to resist the draft. In two later cases, Thornhill v. Alabama in 1940 (about whether an employee may join a picket line) and West Virginia Board of Education v. Barnette in 1943 (whether students may be forced to salute the flag or recite the pledge of allegiance), the Court ruled in favor of First Amendment protection for symbolic speech. The Arguments Attorneys for the students argued that the school district violated the students right of free expression and sought an injunction to prevent the school district from disciplining the students. The school district held that their actions were reasonable ones, made in order to uphold school discipline. The U.S. Court of Appeals for the Eighth Circuit affirmed the decision without opinion. Majority Opinion In  Tinker v. Des Moines,  a vote of 7–2 ruled in favor of Tinker, upholding the right to free speech within a public school. Justice Fortas, writing for the majority opinion, stated that It can hardly be argued that either students or teachers shed their constitutional rights to freedom of speech or expression at the schoolhouse gate. Because the school could not show evidence of significant disturbance or disruption created by the students wearing of the armbands, the Court saw no reason to restrict their expression of opinion while the students were attending school. The majority also noted that the school prohibited anti-war symbols while it allowed symbols expressing other opinions, a practice the Court considered unconstitutional. Dissenting Opinion Justice Hugo L. Black argued in a dissenting opinion that the First Amendment does not provide the right for anyone to express any opinion at any time. The school district was within its rights to discipline the students, and Black felt that the appearance of the armbands distracted students from their work and hence detracted from the ability of the school officials to perform their duties. In his separate dissent, Justice John M. Harlan argued that school officials should be afforded wide authority to maintain order unless their actions can be proven to stem from a motivation other than a legitimate school interest. The Impact Under the standard set by Tinker v. Des Moines, known as the Tinker Test, student speech may be suppressed if it amounts to a 1) substantial or material disruption or 2) invades the rights of other students. The court said, where there is no finding and no showing that engaging in the forbidden conduct would materially and substantially interfere with the requirements of appropriate discipline in the operation of the school, the prohibition cannot be sustained.   However, three important Supreme Court cases since Tinker v. Des Moines have significantly redefined student free speech since that time: Bethel School District No. 403 v. Fraser (7–2 decision handed down in 1986): In Washington state in 1983, high school student Matthew Fraser delivered a speech nominating a fellow student for student elective office. He delivered it at a voluntary school assembly: Those who declined to attend went to a study hall. During the entire speech, Fraser referred to his candidate in terms of an elaborate, graphic, and explicit sexual metaphor; the students hooted and hollered back. Before he gave it, two of his teachers warned him that the speech was inappropriate and if he gave it he would suffer the consequences. After he delivered it, he was told he would be suspended for three days and his name would be removed from the list of candidates for graduation speaker at the schools commencement exercises.   The Supreme Court ruled for the school district, saying that students are not entitled to the same latitude of free speech as adults, and the constitutional rights of students in a public school are not automatically coextensive with the rights of students in other situations. Further, the judges argued that public schools have the right to determine what words are deemed offensive and therefore prohibited in schools: the determination of what manner of speech in the classroom or in school assembly is inappropriate properly rests with the school board.   Hazelwood School District v. Kuhlmeier (5–3 decision handed down in 1988): In 1983, the school principal of Hazelwood East High School in St. Louis County, Missouri, removed two pages from the student-run newspaper, The Spectrum, saying that the articles were inappropriate. Student Cathy Kuhlmeier and two other former students brought the case to court. Instead of using the public disruption standard, the Supreme Court used a public-forum analysis, saying that the newspaper was not a public forum since it was part of the school curriculum, funded by the district and supervised by a teacher.   By exercising editorial control over the content of student speech, the Court said, the administrators did not infringe the students First Amendment rights, as long as their actions were reasonably related to legitimate pedagogical concerns. Morse v. Frederick (5-4 decision handed down in 2007): In 2002, Juneau, Alaska, high school senior Joseph Frederick and his classmates were allowed to watch the Olympic Torch Relay pass by their school in Juneau, Alaska. It was the school principals Deborah Morses decision to permit staff and students to participate in the Torch Relay as an approved social event or class trip. As the torchbearers and camera crews passed by, Frederick and his fellow students unfurled a 14-foot long banner bearing the phrase BONG HITS 4 JESUS, easily readable by the students on the other side of the street. When Frederick refused to take the banner down, the principal forcibly removed the banner and suspended him for 10 days. The Court found for the principal Morse, saying that a principal may consistent with the First Amendment, restrict student speech at a school event when that speech is reasonably viewed as promoting illegal drug use. Online Activity and Tinker Several lower court cases explicitly referring to Tinker concern online activity of students and cyberbullying, and are making their way through the system, although none have been addressed on the Supreme Court bench to date. In 2012 in Minnesota, a student wrote a Facebook post saying a hall monitor was mean to her and she had to turn over her Facebook password to school administrators in the presence of a sheriffs deputy. In Kansas, a student was suspended for making fun of his schools football team in a Twitter post. In Oregon, 20 students were suspended over a tweet claiming a female teacher flirted with her students.  There have been many other cases in addition to these. A cyber-bullying case in North Carolina—in which a 10th-grade teacher resigned after students created a fake Twitter profile portraying him as a hyper-sexualized drug addict—led to a new law (N.C. Gen. Stat. Ann.  §14-458.1) which criminalizes anyone using a computer to engage in one of several specified prohibited behaviors.  Ã‚   Sources and Further Information Beckstrom, Darryn Cathryn. State Legislation Mandating School Cyberbullying Policies and the Potential Threat to Students Free Speech Rights Vermont Law Review 33 (2008–2009): 283-321. Print.Chemerinsky, Erwin. Students Do Leave Their First Amendment Rights at the Schoolhouse Gates: Whats Left of Tinker? Drake Law Review 48 (2000): 527-49. Print.Goldman, Lee. Student Speech and the First Amendment: A Comprehensive Approach Florida Law Review 63 (2011): 395. Print.Hazelwood School District v. Kuhlmeier Oyez (1988)Johnson, John W. Behind the Scenes in Iowa’s Greatest Case: What Is Not in the Official Record of Tinker V. Des Moines Independent Community School District. Drake Law Review 48 (2000): 527-49. Print.Morse v. Frederick Oyez (2007)Sergi, Joe. Obscenity Case Files: Tinker v. Des Moines Independent Community School District. Comic Book Legal Defense Fund, 2018.  Smith, Jessica. Cyberbullying. North Carolina Criminal Law 2010. Web.Tinker v. Des Moines Independen t Community School District. Oyez (1968).Wheeler, David R. Do Students Still Have Free Speech in School? The Atlantic April 7, 2014. Print.Zande, Karly. When the School Bully Attacks in the Living Room: Using Tinker to Regulate Off-Campus Student Cyberbullying. Barry Law Review 13 (2009): 103-. Print.

Domestic Violence And Mental Injuries - 1399 Words

Quetext about FAQ contact Domestic violence does not just result in physical injuries but also developmental issues in children that witness the abuse and never receive any type of counseling or therapy and psychological trauma. In the most severe cases death was also a result of domestic violence. With help or assistance the results of domestic violence can last a lifetime. People often think that domestic violence is just physical abuse but that is not always the case. In many of the most severe cases psychological abuse and emotional abuse was just as extreme as the cases that displayed physical violence. Emotional and psychological abuse is just as violent and dangerous to the victim as is any physical abuse is to any†¦show more content†¦As a survivor of domestic violence, they are still at risk for several mental health issues. These mental health issues include, but are not limited to, anxiety, depression, and PTSD. There are not a lot of studies on the impact of domestic violence, but (Symes, Maddoux, McFarlane, Nava, Gilroy, 2014) states, Emerging evidence suggests an intergenerational effect of abuse to the mother on behavioural functioning of the child (p. 2910). There are lasting consequences for children who witness domestic violence whether it’s visibly or audibly. Seeing your mother, father, or guardian being abused has a huge impact on their lives as adults. Some see domestic violence as a cycle. Some children get stuck in a cycle and grow up repeating the actions of the perpetrator. These children tend to have elevated levels of aggression, hostility, depression, anger and some just withdraw from those around them. Some children tend to suffer from boughts of anxiety, develop sleep disorders, and start having nightmares. According to (Young, Lehman, Faherty Sandefer, 2016), because domestic violence can have serious negative consequences for children, it is essential that professionals who serve children receive training to help them better understand t he dynamics of these relationships and how to identify and respond to child victims. (p. 672). According to (Triplett, White, Gainey, 2013), ‘‘A premise is that faith-based groups will be better able to enlist andShow MoreRelatedViolence Against Children and Women702 Words   |  3 Pagesnumerous years, violence against children and women has not only been accepted and tolerated as an ordinary practice, but it has as well been encouraged. Patriarchal societies across the world view children and women as being submissive members of a family while men hold dominant roles. Laws and the society have often promoted a mans rights to manipulate and control his family, even through violence, from the olden days to the present world. 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Dementia Care Free Essays

EIGHT CAREGIVING MAXIMS FOR DEALING WITH PERPLEXING BEHAVIOURS ?Don’t try and stop people with dementia from doing something just because it isn’t being done â€Å"properly†. Give them time to do things in their own way at their own pace. ?People with dementia understand far more than they are ever given credit for. We will write a custom essay sample on Dementia Care or any similar topic only for you Order Now Take care what is said in their presence and don’t exclude them from conversations or decisions. Bossiness is Just Not On. It’s very easy to confuse â€Å"caring† with â€Å"controlling† and nothing winds up any one of us more than the sense that someone else is controlling our lives. And if someone can’t find the words to protest, then resistance or aggressive actions will ensue. ?Ask the question, â€Å"Who is it a problem for – us or them? † If it’s us, we should be old and ugly enough to let things ride. Does it really matter that he wants to go to bed with his trousers on, doesn’t want a wash right now, eats mashed potato with his fingers, says there are little green men in the garden? Don’t scold, argue or contradict. Go With the Flow, however bizarre it seems. ?Preserve their autonomy for as long as possible by giving them choice (e. g. in what clothes to wear) and celebrate what they can still do, rather than bemoan what they can’t. ?There is always a reason for agitation – often something or somebody in the environment. Try to spot the cause and change it if possible. ?If they can’t enter our world, we must enter theirs and affirm it. Forget reality orientation – what day is it, where are you, who’s the Prime Minister – who cares? Enjoy fantastic adventures with them in their â€Å"real† world instead. Be prepared to time-travel backwards into their personal history. ?Look behind the illness and reach out to the frightened person still in there who needs to feel secure, respected and cherished. How to cite Dementia Care, Papers

Extending Conceptual Boundaries Employment - Myassignmenthelp.Com

Question: Discuss about the Extending Conceptual Boundaries Employment. Answer: Introduction The conceptual boundaries at the workplace create the significant impact on the employees. The increasing complexity in the work environment has been excluding the voluntary works from the sociological understanding of the work. The current work culture signifies the implementation of the innovative procedures (Holdsworth and Brewis 2014). The journal article, Work, Employment, and Society discusses the conceptual form of sociology of work in extending the voluntary boundaries. Currently, the assumptions have taken place by developing two different and discreet activities, such as unpaid domestic labour in the private sphere and paid employment in the public sphere (Schulze 2015). The study would present the critical analysis of the research process used in this journal article. The appropriateness or the shortfall of using the research approach and techniques would be analyzed in this study. Core Concept The conceptual analysis of work is currently devalued by the theorists and researchers. It is assumed that the conceptual analysis of work is constituted by two discreet and separate activities, such as unpaid domestic workers in the private sphere and paid employment in the public sphere (Taylor 2003). The economic relations or the gender relation models are conceptualized as two different forms of work that creates the clear understanding among the individuals. The study develops the ideas about the voluntary work environment, which signifies the epistemological problems visible at the workplace. It is necessary to re-conceptualize work before developing the concerns regarding the paid and non-paid working culture. The article specifies the historical construction of the conceptual dichotomy, which exists within the field of sociology of work. Cobb et al. (2014) argued that the work-based theoretical models, such as gender model and economic models are mere concerns associated with the industrial capitals. The complete structure of the work identities and work practices determine the development of the working lives. The conceptual framework is structured to constitute the ideas of the social theorists who show their keen interests in developing innovative working procedures. The conceptual framework describes the individual level that provides the glimpse of different form of labour. In order to express the situational aspects in work practices among the paid employees in public sphere and unpaid employments in the private spheres, the research process has utilized a particular form of methodology. Appropriateness of Using Research Methods (Techniques and Design) The research process is based on the work sociology visible among the people who work in both public sphere and private sphere. In order to derive the ideas about the work practices and culture, the study has followed the mixed method research. In this process, the interviewees have taken participation in the qualitative session (Cousins and Robey 2015). The findings received from their discussions are presented in a form of secondary analysis. Some set of findings are presented in the research study and the further section would establish the critical analysis based on the appropriateness. In this research process, twenty-nine people took the participation in the interview session. The deductive approach is selected in this process to define their perceived values and assumptions regarding the work culture. Among those twenty nine employees, 13 people worked unpaid or paid at the North End Community and Refugee Project, which was located in London. On the other hand, the rest of the employees worked for a Home Counties branch of Care Aid, which is a national health care charity (Barley 2015). The motto of this research is to identify the volunteering environment within the work culture. It is notable that these two organizations belong to different spectrum of the voluntary organizations. The paid and unpaid employees are in the positions ranging from president to office managers. Some of them were from ESOL teacher to care assistant. The questions asked in the interview session were concerned with the work practices and ideologies of the workers while performing their activities at their workplace (Obeidat, Mitchell and Bray 2016). These questions also determined the visible nature of the relationships between the various forms of works in different point of lives. The impact of the gender and class identity is also taken into consideration in this interview session. It has been observed some of the workers work as the full-time paid employees whereas a minimal amount of workers work as the part-time employees. The remaining people in the interview session belong to different groups, such as retired, students, unemployed, or supported by their families. The major focus of this interview was to identify the formal structure process of the voluntary works. In this interview session, the working nature of five individuals in the voluntary work culture was discussed. It has been observed that the people involved with the voluntary works sometimes may feel the sociological influence even if they are paid or unpaid by the institutes or organizations. Blomme, Kodden and Beasley-Suffolk (2015) argued that in todays world, many of the volunteer management are focusing on the similarities between the employees and the volunteers. It depends on the procedures followed by both of the groups to work successfully and achieve the pre-determined goals. However, in this interview session, the experiences of these individuals have been highlighting mostly the issues in their working life. The conceptual ideas about the work are also discussed in this interview session. It is to be argued that the researcher has used the deductive approach in which the hypothetical discussion has been developed. The issues regarding their experiences and work practices have been highlighted in an argumentative way. If the researcher would have used the inductive approach, it would be clearer to define the underlying concept of work. If the voluntary management was accepted in the practical form, it would be noticed that it tends to push the volunteers into uniformity more than the recognition of their potentiality (Brown 2015). The interview session reveals that the voluntary period at the workplace creates the greater influence on their careers. The survey process, on the contrary, reveals the quantitative analysis to understand the dominant perspectives of the people who have been working in the voluntary work environment. Criticism based on the use of the research techniques The descriptive technique is presented in this study to explore the conceptual analysis of the works in the paid and non-paid spheres. The technique is generally highlighting the obstacles faced by the individuals in their career path while working as the volunteer. One of the interviewees revealed the paid and unpaid situations faced while providing the care and support to the terminally ill patients. Charlwood et al. (2014) explained that not every individual would like to work I the volunteer positions they would not be getting paid. The non-exempt employees are usually appointed for employee furlough in which they would be paid for the specific working hours. The explanatory research would have been more relevant in this aspect. The explanatory research reveals both the negative and the positive influence of the associated individuals in the real life scenario. The psychological assumptions are presented in the techniques used by the researcher in this research study. Williams (2 014) revealed that the working lives of the people usually do not end at their retirement period. Many people continue working in the public sphere even as the volunteer. One of the interviewees, Bob, is the example of such individual who did not give up on his works. He involved with a retirement complex to help his wife. The job was unpaid and he was associated with the fundraising activities. Bob was quite devoted to his work even after not receiving the proper wages. The analysis of the responses received from the interviewees determines that work could be conceptualized in more inclusively to understand the complexity level. Therefore, it can be argued that the selection of the different techniques would have revealed the appropriate structure of the work models that define the perceptive values of the employees those who are paid and unpaid. It depends on the procedures followed by both of the groups to work successfully and achieve the pre-determined goals. However, in this i nterview session, the experiences of these individuals have been highlighting mostly the issues in their working life. The conceptual ideas about the work are also discussed in this interview session. Discussion and Analysis It is observed that the social context is mostly highlighted in analyzing the social context of the labour organization. The extent of the unpaid work depends on the subsistence degree, which is separated from the paid employment in a society. Under the Federal Fair Labor Standards Act, the local wage and hour laws are regulated (Adams 2015). Therefore, as per the regulations, the volunteers or the interns are to be involved in both public and private sphere. Under this regulation, the individuals will not be considered as the employees if they are associated with the public service, humanitarian objectives, or any religious purpose. In usual cases, the volunteers serve on a part-time basis and they cannot be appointed in the positions of the permanent employees (Cushen and Thompson 2016). On the other hand, the volunteer cannot permanently take the position of an employee since they do not receive the compensation or any reasonable benefits. The findings obtained from the interview session provide the ideas about the issues with the volunteers. However, apparently, the information lacks the concept clarifications regarding the voluntary works. The economic relations or the gender relation models are conceptualized as two different forms of work that creates the clear understanding among the individuals. The study develops the ideas about the voluntary work environment, which signifies the epistemological problems visible at the workplace. It is necessary to re-conceptualize work before developing the concerns regarding the paid and non-paid working culture (Weiss, Klein, and Grauenhorst 2014). If these workers are not receiving their wages, they would not be considered as the employees. The focus should be based on their working hours and their job roles. It is notable that despite of the negative perception about the volunteering work, people tend to praise them for their good work. The dedication and enthusiasm level is highly appreciated by the institutes that appoint them for any particular event. If the voluntary management was accepted in the practical form, it would be noticed that it tends to push the volunteers into uniformity more than the recognition of their potentiality (Boxall and Macky 2014). The interview session reveals that the voluntary period at the workplace creates the greater influence on their careers. Therefore, it has been recognized that the research technique used in this journal is quite inappropriate. It generally discusses the one side of the voluntary process whereas the positive aspects are also needed to be revealed. The complete structure of the work identities and work practices determine the development of the working lives (Chesley 2014). The conceptual framework is structured to constitute the id eas of the social theorists who show their keen interests in developing innovative working procedures. The application of more appropriate techniques would have been better to explore the concept of work practices in the voluntary field. Conclusion The objective of the journal is to present the voluntary work practices of the employees in the non-paid private sphere and paid public sphere. The paid and unpaid employees are in the positions ranging from president to office managers. Some of them were from ESOL teacher to care assistant. The questions asked in the interview session were concerned with the work practices and ideologies of the workers while performing their activities at their workplace. The interview session reveals that the voluntary period at the workplace creates the greater influence on their careers. Therefore, it has been recognized that the research technique used in this journal is quite inappropriate. It generally discusses the one side of the voluntary process whereas the positive aspects are also needed to be revealed. The complete structure of the work identities and work practices determine the development of the working lives. The involvement of the inductive research assumptions and the evaluation o f the explanatory techniques would have been more appropriate to present the in-depth analysis of the voluntary work practices. References Adams, T.L., 2015. Sociology of professions: international divergences and research directions.Work, employment and society,29(1), pp.154-165. Barley, W.C., 2015. Anticipatory work: how the need to represent knowledge across boundaries shapes work practices within them.Organization Science,26(6), pp.1612-1628. Blomme, R.J., Kodden, B. and Beasley-Suffolk, A., 2015. Leadership theories and the concept of work engagement: Creating a conceptual framework for management implications and research.Journal of Management Organization,21(2), pp.125-144. Boxall, P. and Macky, K., 2014. High-involvement work processes, work intensification and employee well-being.Work, Employment and Society,28(6), pp.963-984. Brown, A.D., 2015. Identities and identity work in organizations.International Journal of Management Reviews,17(1), pp.20-40. Charlwood, A., Forde, C., Grugulis, I., Hardy, K., Kirkpatrick, I., MacKenzie, R. and Stuart, M., 2014. Clear, rigorous and relevant: publishing quantitative research articles in Work, employment and society. Chesley, N., 2014. Information and communication technology use, work intensification and employee strain and distress.Work, employment and society,28(4), pp.589-610. Cobb, C., McCarthy, T., Perkins, A., Bharadwaj, A., Comis, J., Do, B. and Starbird, K., 2014, February. Designing for the deluge: understanding supporting the distributed, collaborative work of crisis volunteers. InProceedings of the 17th ACM conference on Computer supported cooperative work social computing(pp. 888-899). ACM. Cousins, K. and Robey, D., 2015. Managing work-life boundaries with mobile technologies: An interpretive study of mobile work practices.Information Technology People,28(1), pp.34-71. Cushen, J. and Thompson, P., 2016. Financialization and value: why labour and the labour process still matter.Work, employment and society,30(2), pp.352-365. Holdsworth, C. and Brewis, G., 2014. Volunteering, choice and control: a case study of higher education student volunteering.Journal of Youth Studies,17(2), pp.204-219. Obeidat, S.M., Mitchell, R. and Bray, M., 2016. The link between high performance work practices and organizational performance: Empirically validating the conceptualization of HPWP according to the AMO model.Employee Relations,38(4), pp.578-595. Schulze, M., 2015. Vacancies-eyesores or/and (new) chances of identification for communities: How to support initiatives of people and their voluntary work to successfully breath new life into unoccupied buildings.Perspectives on Community Practices: Living and Learning in Community, p.279. Taylor, R. (2003). Extending Conceptual Boundaries: Work, Voluntary Work and Employment.Work, Employment Society: Sage Publication, 18(29), pp.1-22. Weiss, F., Klein, M. and Grauenhorst, T., 2014. The effects of work experience during higher education on labour market entry: learning by doing or an entry ticket?.Work, employment and society,28(5), pp.788-807. Williams, C.C., 2014. Out of the shadows: a classification of economies by the size and character of their informal sector.Work, employment and society,28(5), pp.735-753.