Tinker vs. Des Moines

First Amendment

The Case

This case was about two students named John and Mary Tinker. They were a group against american involvement in the Vietnam War. To protest they wore black armbands to school and was suspended until returning to school without the armbands. This violates the first amendment under the portion "freedom of speech".

The Court Decision

The court ruled 7 to 2. Five justices agreed with the majority opinion. To Justices concurred meaning that they agreed with the court's decision but had separate reasons. Two justices dissented.

Relevant Photographs

Majority/Minority Opinion

Majority Opinion

The majority opinion ruled in favor of the Tinkers. he judges decided wearing armbands wouldn't interfere with the work of the school and other students. "Wearing the armbands was a silent, passive expression of opinion that did not involve any disorder or disturbance and was unlikely to cause a material and substantial disruption in the school."

Minority Opinion

The dissenting opinion acknowledged that, " it is a myth to say that any person has a constitutional right to say what he pleases, where he pleases, and when he pleases." They also said the armbands took other students minds off their work and into topics of the Vietnam War.