Tinker v. Des Moines Independent Community

Dissenting Opinion

Justice Hugo L Black: 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. Therefore the school district was well within its rights to discipline the students. Justice John M Harlan: He argued that school officials should be afforded wide authority to maintain order unless their actions can be proven to stem from a motivation other than a legitimate school interest.

Majority Opinion

Justice abe fortas agreed with the kids in the school district he said that "the armbands represented pure speech that is entirely separate from the actions of conduct of those participating in it". The school did not have justifiable evidence to prove that the wearing of armbands materially and substantially interfered with the school day. The school feared the fact that there could be a disruption in school

FInding

On Feb 24 1969 the court ruled 7-2 in favor of the students. Saying that "students or teachers don't shed their constitutional rights to freedom of speech or expression at the schoolhouse gate." The first amendment did apply to public schools, the first amendment protected the rights of the students.

Background

Takes place in Dec 1965. Students planned to wear black armbands in order to show support for a truce in the Vietnam War. A policy was made against this after the principle of the school had found out which resulted in the dismissal of students john tinker, Beth tinker, and Christopher Eckhardt who wore the black armbands. The students returned when the protest ended the day after new years. The school was sued by student's parents accusing the schools discipline as a violation of the students right of expression. The case was dismissed by both the district and the us court of appeals, the district justifying the schools actions and the appeals having stating no opinion but affirming the decision of the district courts.

Impact

Under the standard set by tinker v. des moines known as the "tinker test" student speech may be suppressed if it amounts to substantial or material disruption or invades the rights of other students. The court said,"where there is no finding and no showing that engaging in the forbidden conduct would 'materially and substantially interfere with the requirements of appropriate discipline in the operation of the school,' the prohibition cannot be sustained." Three important supreme court cases since Tinker v. Des Moines have significantly redefined student free speech since that time: Betherl school distirct no.403 v. Fraser Hazelwood school district v. Kuhlmeier Morse v. Frederick

Constitutional Issue

Freedom of speech protections under the first amendment: Whether or not the first amendments freedom of speech protects students right to wear armbands as a symbol of symbolic speech and a symbol of protest in public school.