AP GOV: TINKER V. DES MOINES (1969)

Constitutional Concepts and Issues

1st amendment; freedom of speech (in this case, symbolic speech)

Ruling

7-2; sided with Tinker

Other similar cases (or foundational documents) that relate to this case, and in what way?

Gitlow v. New York; both revolve around freedom of speech Schenck v. U.S.; both revolve around freedom of speech

Holding Decision Explanation

Supreme Court held that the armbands represented pure speech that is entirely separate from the actions or conduct of those participating in it. The Court also held that the students did not lose their First Amendment rights to freedom of speech when they stepped onto school property

Dissenting Opinion

Justice Hugo L. Black wrote a dissenting opinion in which 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, so the school district was well within its rights to discipline the students

Facts of the Case

Mary Beth Tinker, and other students, wore a black armband to school to protest the Vietnam War. The school deemed the armband to be disruptive and Tinker, along with four other students, was suspended.

Name of the Case

Tinker v. Des Moines Independent Community School District (1969)