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Tinker VS De Moines
Transcript of Tinker VS De Moines
By: Patrick Gawienczuk and Tatiana Maher
Two children (John and Mary Tinker) wore armbands protesting the Vietnam War but they were suspended because the principal prohibited the armbands. This made the parents angry and they went to court. So the question is, does banning symbolic armband wearing in public schools violate freedom of speech rights from the 1st Amendment?
It dealt with the 1st amendment freedom of speech which is one of the main things the US is based on.
It also dealt with the 14th amendment because the school was trying to usurp the supremacy clause by making a rule that possibly does not follow the first amendment.
It could also set a precedent for the future on how disagreements involving freedom of speech in school get handled.
After appealing the case multiple times, (every appeal requested by the Tinkers) the case ended up in the U.S Supreme Court where the verdict was that the Tinkers won - 7-2.
The two Tinker children with the armbands pictured to the right.
Case started: 1965
Case resolved: 1968
The outcome, why?
When the case was closed the Supreme Court Justices reasoned that neither “students (n)or teachers shed their constitutional rights to freedom of speech or expression at the schoolhouse gate.” This means that because student expression is protected by the First Amendment even while in school, school officials must provide constitutionally valid reasons for limiting student expression.