Tinker v. Des Moines

state

iowa

year

1969

content neutrality

"time, place, and manner restrictions" seek not to limit any particular type of speech, but merely to regulate the circumstances under which the speech may take place.

Tinker Test

*determines whether a school's disciplinary actions violate students' first amendment rights 1. assess if it is speech (symbolic, pure) 2. individual right of speech vs. substantial disruption 3. reactive vs. proactive (reactive=need disruption first, proactive= enough evidence that it will cause a disruption)

Facts of the case (Tinker v. Des Moines)

Facts of the case: A group of students had a meeting and planned to show their support for a truce in the Vietnam War. They planned to show their support by wearing black armbands to school and to fast. The principals of the school met and created a policy against these actions and sent home students wearing the armbands; if students refused to do so they would be suspended. The students sued the district for violating the students' right of expression.

Free Speech Clause (First Amendment)

Protects the right to freedom of expression and religion.

Symbolic Speech

Recognized as being protected under the first amendment- conveying an idea or message through behavior -clear, communicative message

Black's dissent

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 form the ability of the school officials to perform their duties, so the school district was well within its rights to discipline the students.

conclusion

The Supreme court held that the armbands did represent symbolic speech that is entirely separate from the actions or conduct of those participating in it. Students do not lose their 1st amendment rights when they step onto school property. The conduct in question must "materially and substantially interfere" with the operation of the school. In this case, the school's actions were based on the possibility of an interference, one did not actually occur.

Student's rights vs. in loco parentis

in loco parentis= latin for "in the place of a parent", refers to the legal responsibility of a person/organization to take on some of the responsibilities of a parent during the school day

Pure Speech

may be written or spoken, protected under the first amendment

viewpoint discrimination

the government does not have the right to discriminate against speakers based on their views

substantial disruption test

used to determine whether an act by a U.S. public school official violates a student's 1st amendment rights- did the expression of the student "materially and substantially interfere with the requirements of appropriate discipline in the operation of the school?" reactive v. proactive disruption