Case 8: Tinker v. Des Moines (1969)

Issue

Does a public school ban on students wearing black arm bands as a symbolic protest violate students' First Amendment free speech rights?

Key Quotes from Majority Opinion

First Amendment Rights are available to students and teachers. It can hardly be argued that either group shed their constitutional rights to freedom of speech or expression at schoolhouse gate

Context

LOR - 2 - Provisions of U.S Constitution's Bill of Rights are continually being interpreted to balance the power of government and the civil liberties of individuals

Facts

Students were suspended for wearing black armbands as a symbol to protest the Vietnam War

Constitutional Principle to Support Decision

Students' right of political, symbolical speech based on the First Amendment overrode the school administrators' concern for potential disorder.

Holding

The armbands represent pure speech and students have free speech rights at school. To justify suppressing speech, the school must prove that it would substantially interfere with operations at school.