Tinker V Des Moines

By: John Figgins

What is This Case?

John and Mary-Beth Tinker, along with a few other students, decided in protest of America's involvement in the Vietnam War they would wear black armbands throughout December 16th through New Years. Along with Fasting on December 16th and New Years. Workers at the school they attended heard about their plan and made a rule that anyone with a black armband on would be asked to take it off, if they refused they would be suspended. On the sixteenth John and Mary-Beth wore the armbands and were sent home, the next day they came back with the arm bands on and were sent home again. They didn't come back until the day they agreed their protest was over.
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Taking it to Court

On Tuesday, November 12th, 1968 the Tinkers went to The State Court looking for justice ,but sadly they found none there. The State Court said that it was the schools rule and that the school had done nothing wrong. The Court of Appeals also agreed with The State Court. The Tinkers were almost out of hope but The Supreme Court was their last stop. It was there that the children had gotten justice. The Supreme Court said that the students have freedom of speech and expression. They explained how the students should not be expected to drop their freedoms at the schoolhouse gate and how their armbands did not interfere with academic activities. So, finally on Monday, February 24, 1969 The Supreme Court voted 7 votes tinker, and 2 votes against.