Tinker Dissenting Opinion

JUSTICE FORTAS delivered the opinion of the Court. 20543, of any typographical or other formal errors, in order. Argued November 12, 1968. The Hill is a top US political website, read by the White House and more lawmakers than any other site -- vital for policy, politics and election campaigns. 2d 731 (1969), the U. , dissenting). Melvin Tinker has written an excellent short primer on the contemporary influence of cultural Marxism and how we can respond to it. 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. Des Moines with free interactive flashcards. The amended opinion of the court of appeals on rehearing (Pet. In Tinker v. DES MOINES SCHOOL DIST. 503 (1969). Case briefs are vital to any law student's education. Issue of the case -- what specific concepts and terms were involved – in other words, why is the case before the Court. 92 of Pottawatomie County v. Concurring/Dissenting Opinions: Concurring Opinion (Breyer): The Court's opinion is limited only to the Westboro Baptist Church's picketing. The Tinkers were public school students who wore black armbands to school to protest the Vietnam War. Steven Hornbaker , of Harper, Hornbaker, Altenhofen & Opat, of Junction City, was on the brief for amicus curiae Kansas Trial Lawyers Association. DeMomes Independent School Dist, 89 S. Des Moines Independent Community School District" majority opinion by Justice Abe Fortas, Passage 2: "Tinker v. Des Moines. Pair "Tinker v. Judges have taken the opportunity to write dissenting opinions as a means to voice their concerns or express hope for the future. " in the United States is in ultimate effect transferred to the Supreme Court. A dissenting opinion explains the reasoning of a judge who voted with the minority. In order for the State in the person of school officials to justify prohibition of a particular expression of opinion, it must be able to show that its action was caused by something. Des Moines affirmed the First Amendment rights of students in school. Dan Johnston, Des Moines, Iowa, for petitioners. , filed an opinion concurring in part, concurring in the judgment in part, and dissenting in part, in which Thomas, J. Because of the Tinker ruling, students have been free to wear dyed hair and nose rings in public schools. West Headnotes (5) [1] Constitutional Law. Amy Gajda, Professor of Law at Tulane University Law School. Des Moines, 1969 Page Proofs of the Spectrum Bethel v. Chief Justice Warren stated, dissenting, in Jacobellis v. Although we may never know with complete certainty the identity of the winner of this year's Presidential election, the identity of the loser is perfectly clear. 122 , and seemingly was accepted by Justice Clifford when he dissented with Justice Field in Walker v. DES MOINES INDEPENDENT COMMUNITY SCHOOL DISTRICT. Des Moines Independent Community School District (1969) that said, “students in the public schools do not shed their constitutional rights to freedom of speech or expression at the. The Court held that a school district violated students' free speech rights when it singled out a form of symbolic speech - black armbands worn in protest of the Vietnam War […]. One key contributor to inequality—unequal education funding. For example: Connick v. The opinion of the Court in No. Editor’s Note: Please visit our home page for a full listing of abortion facts. Des Moines Independent Community School District (1969) that said, “students in the public schools do not shed their constitutional rights to freedom of speech or expression at the. Background of this case:. 2014), filed an amended opinion, denied a petition for panel rehearing, denied a petition for rehearing en. What are two reasons the Tinker case is important and considered a landmark case? 11. Tinker; I analyze this case again and again, and eventually I should get it right. Unlike the dissent in the same case, the majority opinion provides a reliable foundation of previous cases all while staying in the form of a professional tone. Today and throughout the past thirty years, this case sticks out in every dispute over freedom of expression in schools. In the landmark case of Tinker v. Tinker Tinker Town Tiger is written by Thomas H. Because the appearance of the armbands distracted students from their. Fraser, In the dissenting opinion students are the people who decide what can an cannot be done on the school property. Douglas: According to Douglas, public opinion as to what constitutes “cruel and unusual” can change over time, hence “evolving standards of decency”. Justice Liu said that another reason to dissent is when the dissenting judge believes the principle espoused in the majority opinion should be construed narrowly and should not necessarily be applied to a different set of facts. Supreme Court established (7–2) the free speech and political rights of students in school settings. Des Moines How are the concurrent opinions different from the majority opinion? Dissenting opinion(s): Which justice wrote the opinion for the. , of Wichita, argued the cause and was on the briefs for appellee. Des Moines Independent Community School District, 393 U. Granucci, Gloria F. Wade and Doe v. " He cited Tinker v. Blackmun wrote a dissenting opinion, I no longer shall tinker with the machinery of death. Jones, Circuit Judge, joined. Summarize Black's objections to the majority ruling. Justice Stevens filed dissenting opinion, in which Justices Souter and Ginsburg joined. White wrote a separate concurring opinion in which he noted that the majority's opinion relies on a distinction between communication through words and communication through action. asked • 06/04/19 When Justice black refers to Giboney v. Collins, Feb. " in the United States is in ultimate effect transferred to the Supreme. YUDOF" I am delighted to be speaking on the occasion of the 25th anniversary of Tinker v. Gross appears to give death penalty proponents something to celebrate. TO translate that proposition into a workable constitutional rule. Des Moines, widely considered the watershed of students' free speech rights at school, with courtroom and classroom activities. Supreme Court decision dealing with creationism in public school science classrooms. Des Moines Independent Community School District. Today and throughout the past thirty years, this case sticks out in every dispute over freedom of expression in schools. 2d 731 (1969), the U. Des Moines Indep. Tinker, 15 years old, and petitioner Christopher Eckhardt, 16 years old, attended high schools in Des Moines, Iowa. What are two reasons the Tinker case is important and considered a landmark case? 11. In his dissenting opinion in Bowers JUSTICE STEVENS concluded that (1) the fact a State's governing majority has traditionally viewed a particular practice as immoral is not a sufficient reason for upholding a law prohibiting the practice, and (2) individual decisions concerning the intimacies of physical relationships, even when not intended. It remained, how-ever, for Tinker to indicate the scope that the Supreme Court was to give to this new measuring rod of constitutional rights. Des Moines is a historic Supreme Court ruling from 1969 that cemented students’ rights to free speech in public schools. How a 1973 Supreme Court Decision Has Contributed to Our Inequality. 184, 200 (1964): "For all the sound and fury that the Roth test has generated, it has not been proved unsound, and I believe that we. Itawamba County School Board (2012), the court ruled that school officials did not violate the First Amendment by punishing a student for posting a rap song criticizing two football coaches. 434-435 (1970) (dissenting opinions of BURGER, C. Dissenting Opinion (John Marshall Harlan), Tinker v, Des Moines, 1969 [S]chool officials should be accorded the widest authority in maintaining discipline and good order in their institutions. Your students will analyze primary sources spanning five centuries–colonial codes of law, the Federalist Papers, the Constitution, contemporary photographs, case law, oral arguments, the Court’s majority and dissenting opinions, and others. 853, 866, 102 S. Tinker draws inspiration from C. Des Moines Independent Community School dissenting opinion begins. We should not allow students to ignore the rules of the school board simply because they do not agree with them. Justice Thomas filed concurring opinion. The Ninth Circuit rejected this very approach in Pinard v. Supreme Court of United States. MAKING SENSE OF HIGH SCHOOL SPEECH First Amendment. , at 656, a finding of individualized suspicion may not be necessary. Tinker, 15 years old, and petitioner Christopher Eckhardt, 16 years old, attended high schools in Des Moines, Iowa. The seven people that favored the Tinkers believed that the students were not violating any school rules, and that they were not a distraction to their peers or teachers. Dropbox has seen steady user growth since argumentative essay helper its inception. However, he did state that several schools respected the opinion and even encouraged their students to utilize their right to free speech. Pico on Wikipedia, the free encyclopedia. In his concurring opinion, Justice Potter Stewart wrote that children are not necessarily guaranteed the full extent of First Amendment rights. Lewis’s novel, That Hideous Strength, which was the third of Lewis’s three-part science fiction space trilogy published in 1945. Key tasks for each DBQ will lead them towards an understanding of the role played by the Court and an. Justice FORTAS delivered the opinion of the Court. Bethel School District v. The Court held that a school district violated students' free speech rights when it singled out a form of symbolic speech - black armbands worn in. On the other side of the narrow/broad divide, Justice Thomas wrote a separate concurring opinion endorsing Justice Black's dissenting opinion in Tinker v. Des Moines Independent Community School District No. Collins, Feb. this opinion who is not personally convinced of the rightness of capital I no longer shall tinker with the machinery of at 1145 (Blackmun, J. That means an end to men's and women's restrooms. First, Tinker is a landmark case that defines the constitutional rights of students in public schools. * * * I join the Court’s opinion because it erodes Tinker’s hold in the realm of student speech, even though it does so by adding to the patchwork of exceptions to the Tinker standard. YUDOF" I am delighted to be speaking on the occasion of the 25th anniversary of Tinker v. The United States Supreme Court Dissenting Opinion. Des Moines. He was best known for dissenting in cases where police officers were restricted of interrogation practices, Miranda v. However, he did state that several schools respected the opinion and even encouraged their students to utilize their right to free speech. Circuit Judges, and Virginia M. Charles Schenck was a socialist arrested for violating the Espionage Act by distributing pamphlets urging draftees to refuse to serve in World War I Supreme Court in Schenck v. Write an essay that evaluates the reasoning of the Supreme Court majority opinion and dissent in the case of Tinker v. 184, 200 (1964): "For all the sound and fury that the Roth test has generated, it has not been proved unsound, and I believe that we. Supreme Court will file a petition asking the Court to issue a writ of certiorari. Because of the Tinker ruling, students have been free to wear dyed hair and nose rings in public schools. Tinker draws inspiration from C. Poway Unified School District (9th Cir. Contracting Officer shall ensure the coordinated TINKERAFB Form 534 has been obtained. Des Moines Independent Community School District, 393 U. A minority opinion is an opinion by one or more judges in a legal case who disagree with the decision reached by the majority. 624 (1943), "Local school boards may not remove books from school library shelves simply because they dislike the ideas contained in these books and seek by their removal to prescribe what shall be orthodox in politics, nationalism, religion, or other matters of opinion. Concurring/Dissenting Opinions: Concurring Opinion (Breyer): The Court's opinion is limited only to the Westboro Baptist Church's picketing. However, he did state that several schools respected the opinion and even encouraged their students to utilize their right to free speech. Des Moines 1965; 1968: Students' lawyers appealed the case to the U. Justice Abe Fortas, author of the Supreme Court's majority opinion in Tinker v. Des Moines. 558 (2003), when it adopted the dissenting opinion of Justice Stevens in Bowers to hold that ‘the fact that the governing majority in a State has traditionally viewed a particular practice as immoral is not a sufficient reason for upholding a law prohibiting. It did not apply to the TV coverage of the picketing, or the church's internet postings. " In 1968 the Supreme Court of the United States agreed to hear Tinker's case and consider the constitutionality of the Des Moines principals' anti-armband policy. [ Footnote 4 ] See the dissenting opinion of MR. Wade and Doe v. Concurring/Dissenting Opinions: Concurring Opinion (Breyer): The Court's opinion is limited only to the Westboro Baptist Church's picketing. Des Moines (1969) The 1969 landmark case of Tinker v. DES MOINES INDEPENDENT COMMUNITY SCHOOL DISTRICT ET AL. Dissenting opinion definition, (in appellate courts) an opinion filed by a judge who disagrees with the majority decision of a case. , majority 1. - A dissenting opinion of the Supreme Court is an opinion the explains and records the thinking of those justices who did not agree with the majority. Everyone is in favour of free speech. Des Moines The State of Iowa; Defendant - Tinker v. Justice Hugo L. 503 (1969), argued 12 Nov. " Tinker, supra, at 506. Hand Down Lists October 13, 1998 10/13/1998 - Hand Down and published opinions in WordPerfect/ZIP format Southwick, Leslie H. 19 The Des 15 See id. Des Moines affirmed the First Amendment rights of students in school. Des Moines Verdict Delivered: The Supreme Court ruled in favor of the Tinkers, stating that within the nature of protest undertaken by John Tinker, there existed no implicit - or inherent. Tinker, 15 years old, and petitioner Christopher Eckhardt, 16 years old, attended high schools in Des Moines, Iowa. public schools. " in the United States is in ultimate effect transferred to the Supreme Court. Ohio, 398 U. Des Moines Independent Community School District: The Dissenting Opinion" with "Tinker v. (Pretty impressive that Roberts kept a majority together given the broad range of. JUSTICE FORTAS delivered the opinion of the Court. Petitioner Mary Beth Tinker, John's sister, was a 13-year-old student in junior high school. Grady Jolly, Circuit Judge, wrote specially concurring opinion. Collins, Feb. So, for the Supreme Court case of Tinker v. Des Moines with free interactive flashcards. Justice Breyer filed opinion concurring in the judgment in part and dissenting in part. Fraser: Right to Lewd Speeches (07/07/1986) sets out in his opinion concurring in the judgment. The formats can vary, but they must all include facts, procedure, issue, holding, reasoning and concurring/dissenting opinions. The story of Tinker begins with two Iowan siblings- John and Mary Beth Tinker, 15 and 13, respectively. Des Moines. American public school system to public school students. Justice Breyer filed opinion concurring in the judgment in part and dissenting in part. For example: Connick v. 853, 866, 102 S. This court case is located in the Supreme Court Galleries of the United States but has allowed websites to take the actual writing a publish them. He also said that after the case was decided, he heard of some principals misrepresenting the information by quoting the dissenting opinion. Lewis’s novel, That Hideous Strength, which was the third of Lewis’s three-part science fiction space trilogy published in 1945. JUSTICE BLACK, dissenting. Freedom with Limitations: How the Supreme Court Has Limited Students’ Freedom of Speech Over the Past Five Decades Posted on May 6, 2017 Author Jillian Deveaux In the U. Because the appearance of the armbands distracted students from their work, they detracted form the ability of the school officials to perform their duties, so the school district was well within its rights to discipline the students. "Bruce Edwin. 2006) ruled that a school did not violate the First Amendment rights of a student punished for wearing anti-gay T-shirts. Des Moines is a historic Supreme Court ruling from 1969 that cemented students' rights to free speech in public schools. The appellate court opinion adequately discussed and properly decided those issues arising from the portions of the injunction order which enjoined defendants from marching, walking, or parading, from distributing pamphlets or displaying materials, and from wearing the uniform of the National Socialist Party of America. " The case of Hazelwood v. Des Moines Verdict Delivered: The Supreme Court ruled in favor of the Tinkers, stating that within the nature of protest undertaken by John Tinker, there existed no implicit - or inherent. other matters of opinion. In 1969 the court sided with Tinker in a 7 to 2 vote saying that students did not interrupt school business and therefore have a right to freedom of expression as long as it does not materially and substantially interfere with the school Justice John M. Des Moines Which justice wrote the opinion for the dissent? Describe the dissenting opinion. Passage 1: "Tinker v. Des Moines Independent Community School District" majority opinion by Justice Abe Fortas, Passage 2: "Tinker v. These cases include landmark decisions in American government that have helped and continue to shape this nation, as well as decisions dealing with current issues in American society. For example: Connick v. Madison, in…. U 96-CA-01246-COA Plunkett, Earl D. 15-year old John Tinker, his 13-year old sister Mary Beth Tinker, his 11-year old sister Hope Tinker, and his 8-year old brother Paul Tinker, along. Justice Black's dissenting opinion in Tinker highlights the fact that the students involved were expressing the views of their politically active parents. Mary Beth Tinker was a 13-year-old junior high school student in December 1965 when she and a group of students decided to wear black armbands to school to protest the war in Vietnam. Adapted from a script written by the law clerks of Judge David S. " He cited Tinker v. Des Moines Independent Community School Dist. at 435 (Haynes, J. City of Chicago, 733 F. in the Tinker case has made even a late and rather formal move to recog-nize the gap, to permit a form of public dialogue across it, to allow the sides to show themselves, then it has served the nation perhaps better than it knows. Tinker plaintiffs' brief supporting right to display American flag at school. Assign half of the class to read key excerpts from the majority opinion and the other half to read key excerpts from the dissenting opinion for homework. Kendall, District Judge. Justice Harry A. In Bethel School District No. Supreme Court case that prompted one of the court's more controversial decisions of the 1960s regarding freedom of speech. History of Dissenting Opinion in U. Pico, 457 U. Van Bourg for Petitioners. Anatomy of a Supreme Court Opinion Board of Education of Independent School District No. Justice Harry Blackmun's dissenting opinion in Callins v. Choose from 148 different sets of Tinker V. The 1969 Supreme Court case of Tinker v. Tinker and Mary Beth Tinker of Des Moines Iowa decided to hold a meeting at the home of Christopher Eckhardt, another local student, to plan a public showing of their support for a peaceful resolution. Melvin Tinker has written an excellent short primer on the contemporary influence of cultural Marxism and how we can respond to it. JUSTICE FORTAS delivered the opinion of the Court. That means an end to men's and women's restrooms. The opinion of the Court came down as a controversial 5–4 decision, with the majority opinion being authored by Justice William J. 86-836, Hazelwood School District versus Kuhlmeier will be announced by Justice White. , its opinion makes clear that even one day's suspension invokes the constitutional procedure mandated today. 2d 731 (1969), the U. Do you think Justice Black valued students’ individual right to free speech more than school rules and discipline? Include a quotation from the case as supporting evidence. Justice Black's dissenting opinion in Tinker highlights the fact that the students involved were expressing the views of their politically active parents. A Supremely Bad Decision: The Majority Ruling in Bush v. 733 (Black, J. Dissenting opinion definition, (in appellate courts) an opinion filed by a judge who disagrees with the majority decision of a case. 503 Tinker v. Des Moines, 1969 [S]chool officials should be accorded the widest authority in maintaining discipline and good order in their institutions. He was best known for dissenting in cases where police officers were restricted of interrogation practices, Miranda v. in the dissenting opinion for Tinker v. I personally disagree with Scalia's views. I didn’t see any reason to deviate from the wisdom of Tinker. Des Moines Which justice wrote the opinion for the dissent? Describe the dissenting opinion. She said the most striking thing about the decision was the competing views of students. Des Moines Independent Community School District MR. For the 5 dissenting judges,there was. 503 (1969) Argued November 12, 1968. United States established new standard for judging which dangerous speech could be restricted Words that create "a clear. Des Moines School Distric (1969) 2. In Tinker, several public school students in Des Moines, Iowa planned to wear black armbands to express their opposition to the Vietnam War. Justice Alito filed concurring opinion, in which Justice Kennedy joined. About; License; Lawyer Directory; Projects. Des Moines 1969. You should support your argument with reasons provided in the opinions, although you may also give reasons of your own. Finally, the dissent refers back to language in Tinker, which supports the argument that Tinker's holding refers to student speech on school campus. In Hazelwood School District v. JUSTICE FORTAS delivered the opinion of the Court. TO translate that proposition into a workable constitutional rule. Madison, in…. Supreme Court established (7-2) the free speech and political rights of students in school settings. 21) Argued: November 12, 1968 Decided: February 24, 1969 Brief Summary of case. other matters of opinion. Contracting Officer shall ensure the coordinated TINKERAFB Form 534 has been obtained. 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. 2014), is hereby amended. On the surface, the Supreme Court’s opinion in Glossip v. That evidence can take the form of quotes, facts, summaries, or anything else you can find in the Tinker v. [ Footnote 5 ] As Mr. Petitioner Mary Beth Tinker, John's sister, was a 13-year-old student in junior high school. Des Moines court decision. " In 1968 the Supreme Court of the United States agreed to hear Tinker's case and consider the constitutionality of the Des Moines principals' anti-armband policy. In the landmark case of Tinker v. Justice BLACK, dissenting First, the Court concludes that the wearing of armbands is. In his dissenting opinion, Brennan acknowledged that inside public schools, students' rights are not necessarily equal to those they enjoy outside of school, but he also argued that as the Court said in Tinker, "students in the public schools do not 'shed their constitutional rights to freedom of speech or expression at the schoolhouse. viable alternatives existed for the Court: affirming Justice Breyer's opinion, applying a relaxed Brandenburg test, or employing commercial speech regulations. West Headnotes (5) [1] Constitutional Law. The Ninth Circuit rejected this very approach in Pinard v. Ullman, 367 U. They issued their decision in 1969. White wrote a separate concurring opinion in which he noted that the majority's opinion relies on a distinction between communication through words and communication through action. Kuhlmeier, 1988. (dissenting)- DISSENTING OPINION: In response to a telephone call from the local chief of police and with no other basis for his action - the defendants' high school principal called them to his office, searched them, found controlled substances in their possession, and called the police to come and. Decision: In a 7-2 decision, the Supreme Court ruled in favor of the Tinkers. In my view, the history of public education suggests that the First Amendment, as originally understood, does not protect student speech in public schools. The dissenting opinion notes that, while no overt disturbance may have happened, the mere presence of the armbands took the students minds off of their work and diverted their attention to the war, which was a collision with the rights of others. Supreme Court ruled on June 8, 1925, that the U. Passage 1: "Tinker v. However, he did state that several schools respected the opinion and even encouraged their students to utilize their right to free speech. Justice Harry A. 503 (1969). Pico, 457 U. But characterizing the right as that of the child was novel. Supreme Court established (7–2) the free speech and political rights of students in school settings. On the second day, discuss the decisions and complete the Editorial Staff Reacts activity. Black warned that the court’s decision in Tinker would mark “the beginning of a new revolutionary era of permissiveness in this country fostered by the judiciary. , filed an opinion concurring in the judgment in part and dissenting in part, in which Kennedy and Ginsburg, JJ. 15 According to the Court, if a student is to be subjected to a short term suspension of 10 days or less, due process demands that he. Despite such threats, the Supreme Court held the Tinker children’s speech to be protected by the First Amendment. Madison, in…. The trial of Escobedo v. A multimedia judicial archive of the Supreme Court of the United States. 15, 27 (1971) (Black, J. 2d 731 (1969), the U. However, he did state that several schools respected the opinion and even encouraged their students to utilize their right to free speech. Usually, a party seeking review in the U. to hold that the Federal Constitution compels the teachers, parents, and elected school officials to surrender control of the American public school system to public school students. Dissenting opinion definition, (in appellate courts) an opinion filed by a judge who disagrees with the majority decision of a case. Des Moines Indep. COMPETING VISIONS OF STUDENTS' RIGHTS AND SCHOOL AUTHORITY IN TINKER V. The recording allegedly contained harassing, intimidating, and threatening statements against two high school teachers. Tinker, 15 years old, and petitioner Christopher Eckhardt, 16 years old, attended high schools in Des Moines, Iowa. In the course of the Bushman opinion, Chief Justice Traynor stated: "[One] may. Concurrence. Harlan, when writing the dissenting opinion argued that he couldn't find anything in both the Equal Protection Clause and anywhere else in the United States Constitution that supported. "Bruce Edwin. 2 As such, the holding, though narrow in its scope, appeared to further erode whatever free speech rights students might have in public high schools, a point emphasized in both Justice Breyer's opinion concurring in the judgment and. In Tinker, several public school students in Des Moines, Iowa planned to wear black armbands to express their opposition to the Vietnam War. , filed a dissenting opinion, in which MARSHALL and BLACKMUN, JJ. Two justices, Hugo Black and John Marshall Harlan II, wrote independent dissenting opinions in Tinker. Here's how the dissenting judges characterized the ruling: Although mischaracterizing itself as “narrow” in scope, the en banc majority opinion broadly proclaims that a public school board is constitutionally empowered to punish a student whistleblower for his purely off-campus Internet speech publicizing a matter of public concern. This “rule” was made up by the Supreme Court. Supreme Court, any justice can write a dissenting opinion, and this can be signed by other justices. Des Moines Independent Community School District, 393 U. Assign half of the class to read key excerpts from the majority opinion and the other half to read key excerpts from the dissenting opinion for homework. January 1, 2003 CODE OF FEDERAL REGULATIONS 8 Revised as of January 1, 2003 Aliens and Nationality Containing a codification of documents of general applicability and future effect As of January 1, 2003 With Ancillaries. 15 According to the Court, if a student is to be subjected to a short term suspension of 10 days or less, due process demands that he. Usually, a party seeking review in the U. Who wrote the dissenting opinion? 31. It was a classic application of the “heckler’s veto” doctrine – one of the oldest and most venerable in First Amend­ment jurisprudence. Petitioner Mary Beth Tinker, John's sister, was a 13-year-old student in junior high school. Des Moines Independent Community School District, 393 U. Describe the case of Perry Education Association (1983). " Tinker, supra, at 506. Des Moines. Case briefs are vital to any law student's education. In the landmark case of Tinker v. He was best known for dissenting in cases where police officers were restricted of interrogation practices, Miranda v. to the different circumstances the verdict was opposite. In the dissenting opinion of 2 judges, the First Amendment does not provide the right to express any opinion at any time. This case concerns the extent to which educators may exercise editorial control over the contents of a high school newspaper produced as part of the school's journalism curriculum. Tinker vs Des Moines: Key excerpts from the dissenting op inion Two$Justices$dissented. Feb 23, 1994 · "From this day forward, I no longer shall tinker with the machinery of death," Justice Blackmun, the Court's 85-year-old senior member, wrote in an emotional, highly personal and solitary dissent. There was a genuinely chilling recent opinion piece in the New York Times a particular technological development that threatens to super-charge the Big Lies that drive our world: as anyone who saw the file Star Wars film “Rogue One” knows well, the technology required to create a nearly life-like computer-generated videos of a real person is already a reality. I would, in cases like this, cast upon those complaining the. " The case of Hazelwood v. Hazelwood School District et al. Texas, 539 U. Usually, a party seeking review in the U. On December 16, Christopher Eckhardt and Beth Tinker wore their armbands to school and they were sent home. The fact-checkers, whose work is more and more important for those who prefer facts over lies, police the line between fact and falsehood on a day-to-day basis, and do a great job. Today, my small contribution is to pass along a very good overview that reflects on one of Trump’s favorite overarching falsehoods. Namely: Trump describes an America in which everything was going down the tubes under  Obama, which is why we needed Trump to make America great again. And he claims that this project has come to fruition, with America setting records for prosperity under his leadership and guidance. “Obama bad; Trump good” is pretty much his analysis in all areas and measurement of U.S. activity, especially economically. Even if this were true, it would reflect poorly on Trump’s character, but it has the added problem of being false, a big lie made up of many small ones. Personally, I don’t assume that all economic measurements directly reflect the leadership of whoever occupies the Oval Office, nor am I smart enough to figure out what causes what in the economy. But the idea that presidents get the credit or the blame for the economy during their tenure is a political fact of life. Trump, in his adorable, immodest mendacity, not only claims credit for everything good that happens in the economy, but tells people, literally and specifically, that they have to vote for him even if they hate him, because without his guidance, their 401(k) accounts “will go down the tubes.” That would be offensive even if it were true, but it is utterly false. The stock market has been on a 10-year run of steady gains that began in 2009, the year Barack Obama was inaugurated. But why would anyone care about that? It’s only an unarguable, stubborn fact. Still, speaking of facts, there are so many measurements and indicators of how the economy is doing, that those not committed to an honest investigation can find evidence for whatever they want to believe. Trump and his most committed followers want to believe that everything was terrible under Barack Obama and great under Trump. That’s baloney. Anyone who believes that believes something false. And a series of charts and graphs published Monday in the Washington Post and explained by Economics Correspondent Heather Long provides the data that tells the tale. The details are complicated. Click through to the link above and you’ll learn much. But the overview is pretty simply this: The U.S. economy had a major meltdown in the last year of the George W. Bush presidency. Again, I’m not smart enough to know how much of this was Bush’s “fault.” But he had been in office for six years when the trouble started. So, if it’s ever reasonable to hold a president accountable for the performance of the economy, the timeline is bad for Bush. GDP growth went negative. Job growth fell sharply and then went negative. Median household income shrank. The Dow Jones Industrial Average dropped by more than 5,000 points! U.S. manufacturing output plunged, as did average home values, as did average hourly wages, as did measures of consumer confidence and most other indicators of economic health. (Backup for that is contained in the Post piece I linked to above.) Barack Obama inherited that mess of falling numbers, which continued during his first year in office, 2009, as he put in place policies designed to turn it around. By 2010, Obama’s second year, pretty much all of the negative numbers had turned positive. By the time Obama was up for reelection in 2012, all of them were headed in the right direction, which is certainly among the reasons voters gave him a second term by a solid (not landslide) margin. Basically, all of those good numbers continued throughout the second Obama term. The U.S. GDP, probably the single best measure of how the economy is doing, grew by 2.9 percent in 2015, which was Obama’s seventh year in office and was the best GDP growth number since before the crash of the late Bush years. GDP growth slowed to 1.6 percent in 2016, which may have been among the indicators that supported Trump’s campaign-year argument that everything was going to hell and only he could fix it. During the first year of Trump, GDP growth grew to 2.4 percent, which is decent but not great and anyway, a reasonable person would acknowledge that — to the degree that economic performance is to the credit or blame of the president — the performance in the first year of a new president is a mixture of the old and new policies. In Trump’s second year, 2018, the GDP grew 2.9 percent, equaling Obama’s best year, and so far in 2019, the growth rate has fallen to 2.1 percent, a mediocre number and a decline for which Trump presumably accepts no responsibility and blames either Nancy Pelosi, Ilhan Omar or, if he can swing it, Barack Obama. I suppose it’s natural for a president to want to take credit for everything good that happens on his (or someday her) watch, but not the blame for anything bad. Trump is more blatant about this than most. If we judge by his bad but remarkably steady approval ratings (today, according to the average maintained by 538.com, it’s 41.9 approval/ 53.7 disapproval) the pretty-good economy is not winning him new supporters, nor is his constant exaggeration of his accomplishments costing him many old ones). I already offered it above, but the full Washington Post workup of these numbers, and commentary/explanation by economics correspondent Heather Long, are here. On a related matter, if you care about what used to be called fiscal conservatism, which is the belief that federal debt and deficit matter, here’s a New York Times analysis, based on Congressional Budget Office data, suggesting that the annual budget deficit (that’s the amount the government borrows every year reflecting that amount by which federal spending exceeds revenues) which fell steadily during the Obama years, from a peak of $1.4 trillion at the beginning of the Obama administration, to $585 billion in 2016 (Obama’s last year in office), will be back up to $960 billion this fiscal year, and back over $1 trillion in 2020. (Here’s the New York Times piece detailing those numbers.) Trump is currently floating various tax cuts for the rich and the poor that will presumably worsen those projections, if passed. As the Times piece reported: