,Tinker v Des Moines:


JOHN MOSCHETTI

CHRISTOPHER COLUMBUS HIGH SCHOOL

AMERICAN HISTORY INSTRUCTOR

INTRODUCTION:

In December, 1965, John and Mary Beth Tinker attended a meeting with their parents to discuss ways of protesting the Vietnam War. The group decided to publicly wear black armbands as a symbol of their protest.

When the school principals heard about the decision at the meeting, they passed a rule that prohibited the wearing of an armband in school; those who would refuse to remove an armband would be suspended from school until it was removed. The principals stated that they hoped that this rule would prevent any disorder.  The Tinkers were aware of the new rule but wore their armbands to school. Who will prevail- the Tinker’s or the School Board of De Moines?

It will be your job to analyze the case and the issues that evolved from the decision. This is a “landmark case”. It has affected thousands of students and has had a huge impact the limitations to speech and protest. It will be your job to take the role an attorney. You will decide the proper interpretation. You findings will be published and may influence the decision of later Supreme Courts. You have a daunting task. Your findings may create history.

 

TASK:

 

1: You are the attorney who will try the case. You must write a two page opening argument (legal argument), supporting the defense or plaintiff. You will choose the side of the case you prefer. The legal argument report should be: two-page, double spaced, and font twelve, with an APA format reference page

2: You will use the “CONLAW” on the TIPS web page to collect data and to analyze the case. This will be shown to you in the process.

3: You will create a “ROLE PLAY” that will be performed in front of the class. You will pick the participants and create dialogue for the role play. This could be a court scene, a Supreme Court judge deliberation, a motion picture scene or a university debate on the issues. You decide. The role play should last a minimum of 10 minutes.

 

PROCESS:

IN GROUPS OF THREE:

 

1.      Read the facts of the case from Compulegal

2.     Go the case VISUAL1 and VISUAL 2

3.     Complete “Facts & Issues” worksheet

4.     Utilize the Instructional page

5.     Complete the REASONING guide

6.     Optional look at the decision

 

7.     Identify the legal issues and competing values

8.      List five facts in the case that the group considers the most important.

9.      Rank these facts in order of importance from “most” to “least”

10.  Discuss facts of case and choose a position for plaintiff or defense.

11.  Your project is to write a one to two page persuasive argument with an APA reference page.  It should include an Introduction, body and conclusion.

12. Your group will then choose a ROLE PLAY scenario they would like to present to the class. You will construct a dialogue using the CompuLegal worksheets. You will use the Con Law worksheets to complete the task.

13. You will use the internet sites below as additional information to help complete the Con Law worksheets

.

 

Resources:                                          

·      CompuLegal

·      The Constitution

·      Freedom of speech cases                                    

·      Landmark cases

·      Tinker case

·      Ask a Legal Eagle

·      Justice Learning

·      The TINKER CASE

 

EVALUATION:

 

 

 

 

Students will be evaluated using the following rubric for both the two page report and the role play scenario: You grade will be an accumulation of the role play and the written report. The maximum total will be 10 points

 

Grade of 5

      ·        Shows thorough understanding of the topic

      ·        Addresses all aspects of the tasks

      ·        Shows ability to analyze, evaluate, compare/contrast issues

      ·        Supports topic with relevant facts, examples and details

      ·        Submits a strong and well organized paper

 

Grade of 4

      ·        Shows a good understanding of the topic

      ·        Addresses all aspects of all the tasks

      ·        Shows ability to analyze, evaluate issues

      ·        Includes relevant facts, examples, and details, but not support all aspects of the

               Case         

      ·        Submits an organized paper

 

Grade of 3

      ·        Presents satisfactory understanding of the topic

      ·       Addresses most aspects of the tasks

      ·       Able to analyze issues and events, but not in depth

      ·       Uses some relevant facts, examples and details

      ·       Submits article, but not very organized

                                     

Grade of 2

      ·        Shows little understanding of topic

      ·        Attempts to address topic, but uses vague and/or inaccurate    

               information

      ·        Uses little facts, examples, or details

      ·        Cannot present an acceptable paper

 

Grade of 1or 0

      ·        Does not address any aspect of the task and/or fails to turn in a paper.

 

GRADING: A=8-10   B=6-7    C=3-5     F=BELOW 3

 

Standards addressed in this web quest:

 

ENGLISH LANGUAGE STANDRDS

 

ELA- 1, 2a, 3b, 3c, 4

   

  SOCIAL STUDIES:

          SS  # 4   # 5

 

 

CONCLUSION

 

You have learned about a landmark case that has had great historic significance for students’ nation wide.  This case was argued before the Supreme Court of the United States in Washington, D.C.  You have used your technological skills to create a persuasive legal argument and a role. You have utilized APA format via web quest link. You have learned how lawyers think and create legal precedents. Moreover, you have become involved in the democratic process. Democracy is a participation ideology. In this case you have seen the role played by “freedom of speech” and freedom of Expression” in a democratic society.

 

We thank you for your participation. You can make a difference!