Question

Two students wore black armbands to school to protest the vietnam war. the school district suspended the students. their families sued the school district for violating their right to free speech, but lower courts upheld the school district's right to suspend the students.which fact is most important in determining constitutionality in this case?

Answer 1

The fact that they wore armbands as a non violent way to protest. They were exercising their right to non violent protest

Answer 2

The students were punished for a nonviolent expression of their views.

Step-by-step explanation:

This is a summary of the case Tinker vs. Des Moines (1969). In this case, a public school in Iowa suspended a group of students who were wearing black armbands to school. The students wanted to protest the Vietnam War, but the school argued this was against school policy. The case reached the Supreme Court in 1969. The Court argued that the students had a right to free speech and peaceful protest. Therefore, their actions were protected by the First Amendment.