Tinker v. Des Moines

Did the school district violate the students' First Amendment right to freedom of expression?

Yes. The Supreme Court ruled that the armbands were a form of symbolic speech, which is protected by the First Amendment, and therefore the school had violated the students' First Amendment rights. The silent protest had not interfered with the school's ability to operate normally, and therefore the school district's restriction of the student's free speech rights was not justified

Background

In 1965, Iowa teenagers Mary Beth Tinker, her brother John, and their friend Christopher Eckhardt decided to stage a peaceful protest of the Vietnam War by wearing black armbands to their public schools. •School officials announced that students who wore armbands had to remove them or face suspension. The Tinker siblings and Eckhardt refused to remove their armbands, and the district suspended them until their protest ended. •Their parents filed suit against the school district, claiming that the school had violated the students' free speech rights. Lower courts upheld the school district's decision as a necessary one to maintain discipline, so the familie

Why does it matter

The Tinker ruling confirmed that symbolic speech merits protection under the 1st amendment.

What does it matter

Tinker v. Des Moines set the precedent that students have 1st Amendment rights, too! Stepping into school properly doesn't mean that students give up their right to free expression.