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Music and Censorship

sconsin proclaimed that the federal government had been thoroughly infiltrated by Communist agents. His attacks on United States information libraries abroad led to the burning of some books accused of being Communist propaganda. Reduced congressional support caused many librarians to resign and the closing of libraries. On the morning of December 16, 1965, thirteen year old Mary Beth Tinker went to school in Des Moines, Iowa. She and her fifteen year old brother, John, had decided to wear black armbands as a protest to the Vietnam War. In advance to their arrival, the principal had decided that any student wearing an arm- band would be told to remove it, stating that, "The schools are no place for demonstrations." If the student refused, he would be suspended until the armband was permanently removed. On December 16, the Tinkers refused to remove their armbands. They were suspended and did not return to school until after January 1, when by a previous decision the protest had ended. The students brought suit in federal court to confirm their First Amendment right to wear the black armbands. They lost in The Federal District Court on grounds that this type of symbolic expression might disturb school discipline. The United States Court of Appeals for the Eighth Circuit was divided equally (4_4) so the decision remained unchanged. On February 24, 1969, the United States Supreme Court decided in the students' favor by a vote of 7 to 2. The Tinker v. Des Moines Independent School District decision was a landmark case for students' rights and liberties. Speaking for the majority of the Court, Justice Abe Fortas wrote, "It can hardly be argued that either students or teachers shed their constitutional rights to freedom of speech or expression at the schoolhouse gate." During the sixties and early seventies a new wave of court battles for First Amendment freedoms emerged. The freedom of speech was recognized as a vital element in a democratic ...

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