Tinker v. Des Moines School Disrict
Warren Court: 1968
What Is It?
A group of students in Des Moines, Iowa organized an anti-war protest by associating black armbands as their symbol for being against the Vietnam War. The principal found out about the meaning of the armbands and asked the students to remove them. if the armbands were not removed they would be suspended. The students disregarded the school board and decided to wear them anyway, which resulted in 5 students being suspended.
Why is this important?
John and Mary Beth Tinker, and Christopher Eckhart were all sent home and suspended for starting the anti-war protest at their school. These students believed that their 1st and 14th amendment were violated and abused by the school for taking away their freedom of speech and not having equal protection. Anti-war protests were happening all across America because not many people supported our army's engagement in the Vietnam War.
District Court
The district court in Des Moines ruled againist the students and sided with the school; stating that wearing the armbands during and around school could disrupt the learning process of the students around them.
Court of Appeals
The 8th circuit of court of appeals ruled with the decision of the district without a majority opinion.
Supreme Court
The United States Supreme Court ruled in a 7-2 decision in favor of the students and their families, saying that the students did not intend to spark violence, destruction, damage or create any criminal activity. They believed that their protest was peaceful and that their expression and speech are protected by the first amendment.
The Impact/Significance
Justice Abe Fortas stated " It can hardly be argued that either students or teachers shed their constitutional rights to freedom of speech or expression at the schoolhouse gates." Justice Hugo Black dissented; he pointed out that the case involved a small number of students who refused to obey the instructions of school officials, and argued that allowing this behavior would have a negative effect on the schools and on the country as a whole. The verdict reached by the court created a law that gave power to the school systems. Known as the tinker test, the ruling allowed individual schools to prohibit students from protesting if there was a chance it could lead to a disruptive response.
Mary Beth Tinker and her mother
Supreme Court Justices
Newspaper after Supreme Court Decision
Sources:
http://www.oyez.org/cases/1960-1969/1968/1968_21
http://www.bc.edu/bc_org/avp/cas/comm/free_speech/tinker.html
http://www.streetlaw.org/en/landmark/cases/tinker_v_des_moines
http://www.infoplease.com/us/supreme-court/cases/ar39.html
http://kids.laws.com/tinker-v-des-moines
http://www.firstamendmentschools.org/freedoms/case.aspx?id=404