Tinker v. Des Moines

Arguments for Des moines

-no one has absolute right to freedom of expression -ban on armbands was put in place to avoid disruption -orderly atmosphere of classroom is entitled to const. protection -school isn't appropriate place for demonstration

arguments for Tinker

-school didn't ban all political symbols, only armbands -students didn't disrupt schools -armbands were worn as students views and were entitled to do so -students are entitled to respect for their rights in school as any other place

Decision

7-2 in favor of Tinker; des moines school allowed students to wear symbol of Nazism; students were violated of equal protection clause

Who were Tinkers supported by?

American Civil Liberties Union

Circumstances

adults in des moines met to express opinion of vietnam war by wearing black armbands during holiday season and fasting on 2 days. principals of schools became aware and said that any student wearing an armband would be asked to remove it. if the student refused they would be suspended

December 16th

two students wore armbands to school, all were sent home