AP GOV: TINKER V. DES MOINES (1969)
Constitutional Concepts and Issues
1st amendment; freedom of speech (in this case, symbolic speech)
Ruling
7-2; sided with Tinker
Other similar cases (or foundational documents) that relate to this case, and in what way?
Gitlow v. New York; both revolve around freedom of speech Schenck v. U.S.; both revolve around freedom of speech
Holding Decision Explanation
Supreme Court held that the armbands represented pure speech that is entirely separate from the actions or conduct of those participating in it. The Court also held that the students did not lose their First Amendment rights to freedom of speech when they stepped onto school property
Dissenting Opinion
Justice Hugo L. Black wrote a dissenting opinion in which he argued that the First Amendment does not provide the right to express any opinion at any time. Because the appearance of the armbands distracted students from their work, they detracted from the ability of the school officials to perform their duties, so the school district was well within its rights to discipline the students
Facts of the Case
Mary Beth Tinker, and other students, wore a black armband to school to protest the Vietnam War. The school deemed the armband to be disruptive and Tinker, along with four other students, was suspended.
Name of the Case
Tinker v. Des Moines Independent Community School District (1969)