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Tinker v. Des Moines

Majority Opinion

The Ruling

Decided on February 24, 1969

7-2 Decision for Tinker

  • Majority: Warren, Douglas, Brennan, Stewart, White, Marshall
  • Concurring: Stewart, White
  • Dissent: Black, Harlan

Judicial Precedent

  • Stromberg v. California: Ruled that symbolic speech is protected by the First Amendment

"The wearing of armbands in the circumstances of this case was entirely divorced from actually or potentially disruptive conduct by those participating in it... First Amendment rights, applied in light of the special characteristics of the school environment, are available to teachers and students. It can hardly be argued that either students or teachers shed their constitutional rights to freedom of speech or expression at the schoolhouse gate." - Justice Abe Fortas

Background

The Trial

Impact

Why is this a landmark case?

  • This case held that the first amendment applied to public schools, but also held that those first amendments rights were not absolute.

"The Tinker Test"

  • Speech and/or expression must be proven as disruptive before schools can intervene

Future cases that limited ruling of Tinker

  • Bethel School District v. Fraser
  • Hazelwood School District v. Kuhlmeier

Who was involved?

  • Petitioner: Mary Beth Tinker, John Tinker, and Christopher Eckhardt
  • Respondent: Des Moines Independent Community School District

Where and when did it occur?

  • December 1965 in Des Moines, Iowa

What happened?

  • Multiple students wore black armbands in support of a truce in the Vietnam War at multiple public schools in the Des Moines area
  • The school responded with a policy that required the students to either remove the armbands or face suspension

Argued on November 12, 1968

Chief Justice: Earl Warren

Constitutional Issue: Does the prohibition of symbolic protest in a public school violate a student’s right to freedom of speech as protected with the First Amendment?

  • Tinker's Argument: The armbands were an expression of their opinions and were protected by the freedom of speech
  • School's Argument: The armbands created a disturbance with the other students and prevented them from properly learning in school, justifying their ban

Concurring/Dissent Opinions

Path to the Supreme Court

Concurring quotes:

  • "Although I agree with much of what is said in the Court's opinion, and with its judgment in this case, I cannot share the Court's uncritical assumption that... the First Amendment rights of children are coextensive with those of adults." - Justice Potter Stewart
  • "While I join the Court's opinion, I deem it appropriate to note, first, that the Court continues to recognize a distinction between communicating by words and communicating by acts or conduct which sufficiently impinges on some valid state interest" - Justice Bryon White

Dissent quotes:

  • "While the absence of obscene remarks or boisterous and loud disorder perhaps justifies the Court's statement that the few armband students did not actually "disrupt" the classwork, I think the record overwhelmingly shows that the armbands did exactly what the elected school officials and principals foresaw they would, that is, took the students' minds off their classwork and diverted them to thoughts about the highly emotional subject of the Vietnam war." - Justice Hugo Black
  • "I am reluctant to believe that there is any disagreement between the majority and myself on the proposition that school officials should be accorded the widest authority in maintaining discipline and good order in their institutions." - John Harlan

US District Court

  • Upheld School District's decision

U.S. Court of Appeals for the 8th Circuit

  • Tied vote, District Court's ruling affirmed without opinion
  • Ruling prompts Tinker's father and the ACLU to appeal ruling to the Supreme Court

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