Landmark Case: Tinker v. Des Moines Independent Community School District

In the 1969 case of Tinker v. Des Moines Independent Community School District, students' rights to free speech in schools were affirmed by the Supreme Court. The decision stated that students' expression of opinion cannot be restricted unless it substantially interferes with school discipline or the rights of others. This case set a precedent for protecting First Amendment rights in educational settings.

• Landmark case
• Tinker v. Des Moines
• Free speech
• School rights
• Supreme Court

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1. Tinker v. Des Moines Independent Community School District: 1969

2. What happened? Mary Beth Tinker and several other students wore black arm bands to school to mourn soldiers lost in Vietnam and support Robert Kennedy s call for a truce to the war They were forced to remove arm bands and suspended from school.

3. The case held that: 1. In wearing armbands, the petitioners were quiet and passive. They were not disruptive, and did not impinge upon the rights of others. In these circumstances, their conduct was within the protection of the Free Speech Clause of the First Amendment and the Due Process Clause of the Fourteenth. Pp. 505-506. 2. First Amendment rights are available to teachers and students, subject to application in light of the special characteristics of the school environment. Pp. 506- 507. 3. A prohibition against expression of opinion, without any evidence that the rule is necessary to avoid substantial interference with school discipline or the rights of others, is not permissible under the First and Fourteenth Amendments. Pp. 507-514. https://www.law.cornell.edu/supremecourt/text/393/503

4. Why does this case matter? Established that First Amendment rights apply in schools Can t limit expression of opinion when it doesn t impact school discipline or the rights of others https://www.law.cornell.edu/supremecourt/text/393/503

5. Basic Information Petitioner: John F. Tinker and Mary Beth Tinker (minors) Respondent: Des Moines Independent Community School District Question: Does a prohibition against the wearing of armbands in public school, as a form of symbolic protest, violate the students freedom of speech protections guaranteed by the First Amendment? Decided by: US Supreme Court (Warren Court) on February 24th, 1969 Decision: Tinker won 7-2

6. Works Cited "SPLC." - Law Library. N.p., n.d. Web. 29 Dec. 2013. "TINKER v. DES MOINES INDEPENDENT COMMUNITY SCHOOL DISTRICT." Tinker v. Des Moines Independent Community School District. N.p., n.d. Web. 29 Dec. 2013.