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Tinker V

The document discusses the 1969 Supreme Court case Tinker v. Des Moines Independent Community School District, in which the Court ruled 7-2 that a school policy prohibiting students from wearing black armbands to protest the Vietnam War violated the students' First Amendment rights to freedom of speech. The Court held that students do not lose their right to free speech once they enter school grounds, and that school officials must prove a speech or action would substantially disrupt school operations in order to suppress it. The case established that students retain basic free speech rights in school, but that schools can restrict speech that threatens to cause substantial disruption.

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183 views

Tinker V

The document discusses the 1969 Supreme Court case Tinker v. Des Moines Independent Community School District, in which the Court ruled 7-2 that a school policy prohibiting students from wearing black armbands to protest the Vietnam War violated the students' First Amendment rights to freedom of speech. The Court held that students do not lose their right to free speech once they enter school grounds, and that school officials must prove a speech or action would substantially disrupt school operations in order to suppress it. The case established that students retain basic free speech rights in school, but that schools can restrict speech that threatens to cause substantial disruption.

Uploaded by

api-603918984
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PPTX, PDF, TXT or read online on Scribd
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Do Now: See, Think, Wonder

AIM: Has the SCOTUS Protected American Rights


See Think Wonder
List 3 things you see/notice in the Based on what you see/notice, what Write a question you have about the
document. do you think about the document/ document/topic.
topic?

Since I see/notice
_________________, I think….
Pre-Read: Discussion Questions
1. Should students be able to wear and say whatever they want in schools? Why
or why not?
2. Should there be any limitations?
Case Brief: Tinker v. Des Moines Independent Community School District
● Petitioner John F. Tinker, Mary Beth
Tinker, Christopher Eckhardt attended
high schools in Des Moines, Iowa. In
December, 1965, a group of adults and
students in Des Moines held a meeting at
the Eckhardt home.
○ The group determined to express their
opinion to the hostilities in Vietnam→
their support to a truce by wearing
black armbands. They were suspended
for their actions.
Case Brief: Tinker v. Des Moines Independent Community School District
● 7-2 majority for the Tinker’s. The Supreme Court
held that the armbands= represented pure speech
○ The armbands is separate from the actions
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.
● School officials must be able to prove the
issue in question--> effect the class
negatively.
Organizer
● The case and year
● Summarize the case
● What amendment was discussed
● What did the supreme court ruled numerically
● Who did the court side with?
Facts of the case

In December 1965, a group of students in Des Moines held a


meeting in the home of 16-year-old Christopher Eckhardt to plan a
public showing of their support for a truce in the Vietnam war. They
decided to wear black armbands throughout the holiday season
and to fast on December 16 and New Year's Eve. The principals of
the Des Moines school learned of the plan and met on December
14 to create a policy that stated that any student wearing an
armband would be asked to remove it, with refusal to do so
resulting in suspension. On December 16, Mary Beth Tinker and
Christopher Eckhardt wore their armbands to school and were sent
home. The following day, John Tinker did the same with the same
result. The students did not return to school until after New Year's
Day, the planned end of the protest.
Facts of the case
Through their parents, the students sued the
school district for violating the students' right of
expression and sought an injunction (order) to
prevent the school district from disciplining the
students. The district court dismissed the case
and held that the school district's actions were
reasonable to uphold school discipline. The U.S.
Court of Appeals for the Eighth Circuit affirmed
the decision without opinion.
Conclusion
Justice Abe Fortas delivered the opinion of the 7-2 majority.
The 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.
In order to justify the suppression of speech, the school
officials must be able to prove that the conduct in question
would "materially and substantially interfere" with the
operation of the school. In this case, the school district's
actions evidently stemmed from a fear of possible disruption
rather than any actual interference.
Conclusion
In his concurring opinion, Justice Potter Stewart wrote that children are
not necessarily guaranteed the full extent of First Amendment rights.
Justice Byron R. White wrote a separate concurring opinion in which he
noted that the majority's opinion relies on a distinction between
communication through words and communication through action.

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. In his separate dissent, Justice John M. Harlan
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.
Questions on Reading:
Question 1: Does a prohibition against the wearing of armbands in public school, as a form of
symbolic protest, violate the students' freedom of speech protections guaranteed by the First Amendment?
Use textual evidence to support your claim.

Question 2: Do you believe what Justice Hugo Black when he wrote he argued that the First
Amendment does not provide the right to express any opinion at any time? Explain your answer with
information with of ideas we have discussed before.
Summary Video

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