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OBLIVION 9: conglomerating teen angst through corporate buyouts a media mergers since 1995...
Tinker vs. who?
F E A T U R E
Printing? This might work better.

by Jennifer Boccia || Oh, the joy of going to public school. Crowded hallways, inane rules, incompetent administrators ... and the immediate suppression of discontent. My school, like so many others, overreacted to the tragedy at Columbine and started making all sorts of absurd new rules in an attempt to at least look like they were doing something productive. Not only did they ban trenchcoats (as if that was going to accomplish anything), but they called in all the kids who normally wore them for a "talking to," even though most of them voluntarily decided not to wear them that week. Then the students who wore a lot of black clothing had that "talking to." And then they proceeded to make the entire student body feel like potential criminals, while ignoring what the students were trying to tell them -- if it happened to be contrary to what they wanted to hear.

A group of my friends wanted to get the administrators to realize a very important point: This massacre was apparently committed because two very disturbed individuals felt alienated, singled-out, and picked on. Thus, trying to alienate, single-out, and punish those who seem "different'" was probably not a very intelligent course of action. At best, it's stupid, ineffective, and oppressive. At the worst, it's dangerous. They created an atmosphere of fear, of tension, and in the words of one teacher, "They've created a powder keg and they're sitting on it and they don't even know it."

Since the school wasn't willing to listen to us, we decided to communicate in another way -- a peaceful, nonverbal demonstration. About 15 of us donned black armbands to protest the school's new policies, and to show our respect for the victims in Colorado. We chose this form of protest because we were familiar with Tinker vs. Des Moines, a landmark 1969 Supreme Court ruling that is one of the most important rulings for student rights in history.

In Tinker vs. Des Moines, Mary Beth Tinker and Chris Eckhardt were suspended for wearing black armbands to protest the Vietnam War. After a four year court battle, the Supreme Court ruled in favor of the students, saying that public school students do not "shed their constitutional rights to freedom of speech or expression at the schoolhouse gate."

We decided that armbands would be the form of protest least likely to be trampled on by the administration. After all, it was very clearly and very explicitly protected. While the Tinker case protects many more forms of student expression and student rights than just black armbands, we figured there was absolutely no way it could possibly be argued that it didn't cover the very thing the original case was sent to court to debate.

We underestimated the stupidity of our school administrators.

We were told to remove the armbands or be suspended. Since I thought something like that might happen (although certainly not as extreme), I had printed out a copy of the Tinker decision. I discussed it with the vice-principal, and then handed her the summary of the case to look over. She took it, turned in her chair and -- I kid you not -- ran it through the paper shredder.

This wasn't the only example of the utter disrespect for (and ignorance of) the laws of this country I saw displayed. These people have told me that:

  • Columbine is worse than Vietnam;
  • they are not part of the government;
  • the Constitution does not apply to them;
  • the Tinker case gives them the right to forbid the wearing of black armbands; and
  • scissors are dangerous weapons.

This leads me to believer that they are:

  • mind-bogglingly stupid;
  • unfit to be responsible for the education of a hamster, much less a human; and
  • on a power-trip.

Being a good little girl who knew exactly what she was getting into, I began keeping careful dated and signed records of what happened. I showed up the next morning with my armband -- and was promptly suspended.

I contacted the ACLU and after serving one day of my suspension, filed an appeal of the punishment. After waiting three weeks with no response, we went to the media. Word got out and things got interesting. Nothing like having your face plastered all over the TV to get the administration to finally pay attention to you.

But while they were now paying attention to me, the school still refused to be reasonable. In fact, they made even more threats and insinuations. I was called into Principal Ira Sparks' office and told that my record would be cleared only if I admitted I was wrong in my conduct. On top of that, I would also have to promise not to talk to the media without first consulting the school administrators.

When I still didn't give in, they seemed quite confused. (I suppose I'd be surprised too, if a sheep suddenly refused to be sheared, had me served with court documents, and made me the defendant in a well-publicized case.) Then it got even uglier. I very nearly started tearing out my hair at the sheer unmitigated stupidity, blatant lies, and pathetic attempts to cover their ass that followed. I won't even get into it -- it's a whole convoluted series of events that don't make any sense in any reality that I know of.

To make a long story short, after realizing that I wasn't going to cave in, they settled out of court and agreed to have judgment entered against them on all counts. That was the only thing they could do, since we would have kicked their ass in court had it gone that far.

In the end, I got to meet a lot of really great people, had a killer essay topic for my college applications, and even got an award named after me. And, I'm out of that school and getting ready to leave this whole town, so I'm absolutely delighted with the way things worked out.

Now, this is the thing that still baffles me. Do they honestly think that by teaching kids to sit down, shut up, and not question the whims of authority any time there is a "crisis," that in 30 years we will still have a democratic society? People have fought and suffered and died for these rights, and I'm supposed to give them up because a petty school official threatens to suspend me? No thanks.

Mine is not an isolated incident. In recent years, we've seen a rash of suspensions for Tinker-protected speech.

Last Fall, the Wilson County School Board in Tennessee voted to institute mandatory school uniforms. In October, sophomore Cory Vinson was suspended for wearing an iron-on patch on that read "I miss my real clothes." His sister, eighth-grader Kista Vinson, was also suspended -- her iron-on read, "The board voted and all I got was this lousy uniform."

In November, the ACLU of Louisiana filed a federal suit on behalf of Elizabeth Fisher, who was suspended from Parkway High School for wearing a black armband to protest her school's newly implemented uniform policy.

Let's think for a moment about what us "kids" are being taught. Differing opinions are dangerous and must be silenced. Whenever possible, find a scapegoat. If there is a difficult situation that may require thought to actually fix, simply take any kind of action at all, no matter how ineffective, to show that you are "doing something." Then, proceed to ignore the real problem. Any "rights" that you may have exist in name only and can be suspended at the whim of any petty official. In any crisis, authority figures have unlimited power to do whatever they deem necessary. Once you give someone unlimited power, they do not relinquish it.

This is what we are being taught. And there are a frightening number of people who will just accept whatever they are taught. This is dangerous. This is potentially more dangerous than all the psychotics with guns and bombs put together.

For those of us who question, who don't accept blindly, it is our responsibility to challenge this propaganda, this brainwashing. The louder we speak and the more vehement we are, the better the chance that someone else will hear and question and speak. We will not go quietly into the night. We will not roll over onto our backs and play dead. We will not tie the blindfolds over our eyes, we will not play their games, and we will not worship them. When they say jump, we ask why. And we are the future, not the mindless sheep who troop blindly along wherever they are led. And that frightens them. Because they don't understand -- they're sheep in wolves clothing; scared to death of the lions in their midst.

The complete text of Tinker vs. Des Moines School District can be found online at http://laws.findlaw.com/US/393/503.html -- it is case number 393 U.S. 503.

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