Summary
"...In the absence of a specific showing of constitutionally valid reasons to regulate their speech, students are entitled to freedom of expression of their views." - Justice Fortas, speaking for the majority. (1)
In 1965, three students of the Des Moines, Iowa school district, John F. Tinker, Mary Beth Tinker, and friend Christopher Eckhardt, wore black armbands to protest the war in Vietnam and support Robert F. Kennedy's Christmas Truce. (2) When the principals of the school district learned of this, they adopted a policy that banned the wearing of armbands in school. Students who broke this policy would be suspended from school.
Choosing to violate this policy, the three students were suspended from school until January 1, 1966 when they decided to call the protest off. The Tinker and Eckhardt did not file a suit against the school district or the U.S District Court, which had had upheld the decision of the district, until they were approached by the Iowa Civil Liberties Union who said they would help the family. When the case was brought before the U.S. Court of Appeals, the result was a tie which meant that the U.S. District Court's decision stood. (3)
This forced the Tinkers to appeal to the Supreme Court directly and on November 12, 1969, the case was argued. In the end, the Supreme Court ruled that the three students would be allowed to wear their black armbands. (4) To not do so would violate the First Amendment. This case would lead the way for similar cases brought before the Supreme Court were people believed their rights were being violated. (5)
(1) - Justice Fortas J. ,Tinker v. Des Moines Independent Community School District (No. 21) 383 F.2d 988, reversed and remanded. Supreme Court of the United States, 1968.
(2) - Ibid
(3) - US Supreme Court Media, TINKER v. DES MOINES IND. COMM. SCHOOL DIST. , http://www.oyez.org/cases/1960 - 1968/1968_21
(4) - Ibid
(5) - Landmark cases of the Supreme Court, Tinker v. Des Moines (1969)Student Speech, Symbolic Speech , http://www.streetlaw.org/en/landmark/cases/tinker_v_des_moines
In 1965, three students of the Des Moines, Iowa school district, John F. Tinker, Mary Beth Tinker, and friend Christopher Eckhardt, wore black armbands to protest the war in Vietnam and support Robert F. Kennedy's Christmas Truce. (2) When the principals of the school district learned of this, they adopted a policy that banned the wearing of armbands in school. Students who broke this policy would be suspended from school.
Choosing to violate this policy, the three students were suspended from school until January 1, 1966 when they decided to call the protest off. The Tinker and Eckhardt did not file a suit against the school district or the U.S District Court, which had had upheld the decision of the district, until they were approached by the Iowa Civil Liberties Union who said they would help the family. When the case was brought before the U.S. Court of Appeals, the result was a tie which meant that the U.S. District Court's decision stood. (3)
This forced the Tinkers to appeal to the Supreme Court directly and on November 12, 1969, the case was argued. In the end, the Supreme Court ruled that the three students would be allowed to wear their black armbands. (4) To not do so would violate the First Amendment. This case would lead the way for similar cases brought before the Supreme Court were people believed their rights were being violated. (5)
(1) - Justice Fortas J. ,Tinker v. Des Moines Independent Community School District (No. 21) 383 F.2d 988, reversed and remanded. Supreme Court of the United States, 1968.
(2) - Ibid
(3) - US Supreme Court Media, TINKER v. DES MOINES IND. COMM. SCHOOL DIST. , http://www.oyez.org/cases/1960 - 1968/1968_21
(4) - Ibid
(5) - Landmark cases of the Supreme Court, Tinker v. Des Moines (1969)Student Speech, Symbolic Speech , http://www.streetlaw.org/en/landmark/cases/tinker_v_des_moines