Des Moines (1969)
- Introduction. The 1969 landmark case of Tinker v. Des Moines affirmed the First Amendment rights of students in school.
- Resources
- Summary. The December morning air was chilly as students John and Mary Beth Tinker were getting ready for school.
Not to speak (specifically, the right not to salute the flag). West Virginia Board of Education v. Barnette, 319 U.S. 624 (1943). Of students to wear black armbands to school to protest a war (“Students do not shed their constitutional rights at the schoolhouse gate.”).
What are facts about Tinker v Des Moines?
- the students’ First Amendment rights. ...
- school’s ability to operate normally, and therefore the school district’s restriction of
- The court’s reasoning behind the decision: (Why did they rule the way
- The silent protest had not interfered with the school’s ability to operate normally,
What was the verdict in Tinker v Des Moines?
Des Moines:
- Students were suspended for wearing black arm bands in protest of the Vietnam War.
- Their parents challenged the suspension alleging their childrens’ First Amendment rights were violated.
- The Court held that absent a specific showing of a constitutionally valid reason to regulate student speech, students are entitled to freedom of expression.
What happened with Tinker vs Des Moines?
What happened in Tinker vs Des Moines? In a 7-2 decision, the Supreme Court’s majority ruled that neither students nor teachers “shed their constitutional rights to freedom of speech or expression at the schoolhouse gate.”.
Why does Tinker v. Des Moines remain an importan?
Why does Tinker v. Des Moines remain an important precedent-setting case? It used symbolic speech in war protests. It applied prior restraint in schools. It established speech rights for students. It stopped students from stating unpopular opinions.
What was the significance of the ruling in Tinker v. Des Moines?
Tinker v. Des Moines is a historic Supreme Court ruling from 1969 that cemented students' rights to free speech in public schools.
What is the significance of Tinker v. Des Moines quizlet?
The Supreme court held that the armbands did represent symbolic speech that is entirely separate from the actions or conduct of those participating in it. Students do not lose their 1st amendment rights when they step onto school property.
What was the significance of the Tinker case and what did it decide?
The Supreme Court ruled in Tinker v. Des Moines Independent Community School District that students and teachers continue to have the right of free speech and expression when they are at school. They do not "shed their constitutional rights at the school house gate," Judge Abe Fortas wrote in the Court's ruling.
What impact did Tinker vs Des Moines have as a landmark case?
Des Moines (1969) The 1969 landmark case of Tinker v. Des Moines affirmed the First Amendment rights of students in school.
What was the outcome of Tinker vs Des Moines in 1969 quizlet?
In 1969 the United States Supreme Court ruled in a 7-2 decision in favor of the students. The court agreed that students rights should be protected and said, "Students don't shed their constitutional rights at the school house gates."
How did Tinker v. Des Moines expand free speech rights?
Little did 13-year-old Mary Beth Tinker know that wearing a black armband to school would open 'the schoolhouse gate' to student free-speech issues for the next 50 years. The landmark decision in Tinker v. Des Moines is widely considered the watershed of students' free speech rights at school.
Why is Tinker vs Des Moines considered the most important school First Amendment case?
First, Tinker v. Des Moines shows how the Supreme Court's interpretation of the First Amendment reflects a commitment to individual liberty. In this case, the Court affirmed that the right to free expression is more important than the need for government entities, like schools, to maintain order.
Who won Tinker vs Des Moines?
the studentsDecision: In 1969 the United States Supreme Court ruled in a 7-2 decision in favor of the students. The high court agreed that students' free rights should be protected and said, "Students don't shed their constitutional rights at the school house gates."
Is the Tinker vs Des Moines case still relevant today?
In each of these three decisions post-Tinker – Fraser, Hazelwood, and Morse – the Supreme Court ruled against public school students and in favor of school officials. However, the Tinker case still stands as the baseline rule for student-initiated speech that is not vulgar or lewd or promotes the illegal use of drugs.
Why are landmark cases of the Supreme Court Important?
Landmark cases are important because they change the way the Constitution is interpreted. When new cases are brought before the courts, the decisions made by the Supreme Court in landmark cases are looked at to see how the judge shall rule.
What court did the school district in Iowa appeal the armband ruling?
The students appealed the ruling to the U.S. Court of Appeals for the Eighth Circuit but lost and took the case to the Supreme Court of the United States.
What did the dissent argue about the First Amendment?
The dissent argued that the First Amendment does not grant the right to express any opinion at any time. Students attend school to learn, not teach. The armbands were a distraction. School officials, acting on a legitimate interest in school order, should have broad authority to maintain a productive learning environment.
What did the Supreme Court rule in the case of the schoolhouse gate?
In a 7-2 decision, the Supreme Court’s majority ruled that neither students nor teachers “shed their constitutional rights to freedom of speech or expression at the schoolhouse gate.”.
What was the majority opinion in Tinker v. Des Moines?
In Tinker v. Des Moines, a vote of 7–2 ruled in favor of Tinker, upholding the right to free speech within a public school. Justice Fortas, writing for the majority opinion, stated that:
What is the Tinker test?
Under the standard set by Tinker v. Des Moines, known as the "Tinker Test," student speech may be suppressed if it amounts to a 1) substantial or material disruption or 2) invades the rights of other students. The court said:
Why did Mary Beth Tinker wear black armbands?
In December 1965, Mary Beth Tinker made a plan to wear black armbands to her public school in Des Moines, Iowa, as a protest to the Vietnam War. School officials learned of the plan and preemptively adopted a rule that prohibited all students from wearing armbands to school and announced to the students that they would be suspended for breaking the rule. On December 16, Mary Beth and more than two dozen other students arrived at their Des Moines high, middle, and elementary schools wearing black armbands. When the students refused to remove the armbands, they were suspended from school. Eventually, five of the older students were singled out for suspension: Mary Beth and her brother John Tinker, Christopher Eckhardt, Christine Singer, and Bruce Clark.
What school district was Hazelwood v Kuhlmeier?
Hazelwood School District v. Kuhlmeier (a 5–3 decision handed down in 1988): In 1983, the school principal of Hazelwood East High School in St. Louis County, Missouri, removed two pages from the student-run newspaper, "The Spectrum," saying that the articles were "inappropriate.".
What was the Supreme Court case in 1969?
Des Moines found that freedom of speech must be protected in public schools, provided the show of expression or opinion—whether verbal or symbolic—is not disruptive to learning. The Court ruled in favor of John F. Tinker, a 15-year-old boy, and Mary Beth Tinker, 13, who wore black armbands to school ...
What court did the fathers of the students file a suit with?
The fathers of the students filed a suit with a U.S. District Court, seeking an injunction that would overturn the school's armband rule. The court ruled against the plaintiffs on the grounds that the armbands might be disruptive. The plaintiffs appealed their case to a U.S. Court of Appeals, where a tie vote allowed the district ruling to stand. Backed by the ACLU, the case was then brought to the Supreme Court.
What did the Supreme Court rule about the school district?
The Supreme Court ruled for the school district, saying that students are not entitled to the same latitude of free speech as adults, and the constitutional rights of students in a public school are not automatically coextensive with the rights of students in other situations. Further, the judges argued that public schools have the right to determine what words are deemed offensive and therefore prohibited in schools:
What did Mary Beth Tinker know about the Tinker v. Des Moines case?
Little did 13-year-old Mary Beth Tinker know that wearing a black armband to school would open ‘the schoolhouse gate’ to student free-speech issues for the next 50 years. The landmark decision in Tinker v.
Which case ruled that schools cannot censor student speech?
In Tinker v. Des Moines, the Supreme Court of the United States ruled that the First Amendment applies to public schools. By deciding that school officials cannot censor student speech unless it materially and substantially disrupts the educational process the court set a precedent that is still cited in student free speech cases, including Hazelwood v. Kuhlmeier and Morse v. Frederick .
What is deliberate in court?
Deliberate : All other students are jurors who deliberate in a courtroom fishbowl activity. The judge, volunteer attorneys, and student attorneys observe as the jurors deliberate in a large group or smaller groups. Due to time constraints, the verdict doesn’t have to be unanimous.
What was the impact of Tinker v Des Moines?
Des Moines Independent School District had a major impact on many lower court rulings concerning the rights of teens to free speech and self-expression. Because of the Tinker ruling, students have been free to wear dyed hair and nose rings in public schools. While the Tinker ruling has had some positive ...
Who is Mary Tinker?
Wheeler notes that Mary Tinker, the woman who sparked the Tinker case decades ago, is now an advocate for preserving "democratized speech," which she considers to be an important right for students. ADVERTISEMENT.
Does Tinker ruling give students unlimited rights?
While the Tinker ruling has had some positive effects on free expression in high schools, according to The New York Times, it does not give students unlimited rights in this area. The impact of these limitations has been brought before the courts, with school districts winning on grounds that they have a right to place limits on certain types ...
Who appealed the Tinkers decision?
The Tinkers, along with Echardt appealed the decision to the court of appeals. The court of appeals affirmed the districts court decision and the judgement was appealed to the Supreme Court of the United States.
What did the Tinker protest?
Statement of the facts: School children Christopher Echardt, John Tinker and Mary Beth Tinker, protested the Vietnam War through wearing armbands to school. In response, the school district suspended the children, and their parents brought suit in federal district court, alleging that their suspension violated their First Amendment right ...
Why did the parents challenge the suspension of the school?
Their parents challenged the suspension alleging their childrens’ First Amendment rights were violated. The Court held that absent a specific showing of a constitutionally valid reason to regulate student speech, students are entitled to freedom of expression.
Did the black arm bands interfere with the work of the school?
In addition, there was no showing that wearing the black arm bands would substantially interfere with the work of the school or imping e upon the rights of other students. The ban also failed to apply equally to all forms of expression since other students were allowed to wear other forms of political speech without receiving a suspension.
What was the significance of the Tinker v. Des Moines case?
The Tinker v. Des Moines case was an important case involving the First Amendment Rights of students. In Tinker v. Des Moines, the Supreme Court of the United States determined tht unless the school could prove that a student's freedom of expression severely disrupted the educational functions of the school, the school could not prohibit it.
Why did the Tinker vs Des Moines case go to court?
The Tinker v. Des Moines case resulted from the school district suspending Mary Beth Tinker, Christopher Eckhardt, and John Tinker from school for wearing black armbands to protest the Vietnam War. The parents sought an injunction against the suspension. The case went to the United States Supreme Court.
Why was wearing black armbands disruptive?
The school district argued that the wearing of black armbands was in itself potentially a disruptive act because other students reacted to it, and it interfered with the normal function of the school. The school district presented evidence that a teacher and Mary Beth Tinker confronted one another in a classroom and that a non-armband wearing student felt compelled to give support to the wearers of the black armbands.
What is the Supreme Court ruling in Tinker v. Des Moines?
Des Moines Independent Community School District that a student's First Amendment rights to freedom of expresseion don't end at the ''schoolhouse gate.''. The Court ruled that a school district must prove that a student's expression would cause a material disruption of school functions, and that the Des Moines Independent Community School District did not demonstrate this.
What court case did Tinker v. Byars go to?
The District Court that dismissed the complaint by Tinker referred to a Fifth Circuit Court of Appeals ruling in Burnside v. Byars, that held that symbolic actions like wearing armbands cannot be prohibited unless they can be shown to ''materially and substantially interfere with the requirements of appropriate discipline in the operation of the school.''
Which Supreme Court case established that school districts can place limits on student speech?
Tinker v. Des Moines is the preeminent Supreme Court case involving the First Amendment rights of students. However, three later Supreme Court cases established that school districts can place limits on student speech.
What court did the district court rule in favor of the school district?
The case was appealed to the Court of Appeals for the Eighth Circuit. That Court was evenly split so the District Court's decision was affirmed and the Eighth Circuit Court wrote no opinion.
What was the significance of Tinker v. Des Moines?
Des Moines (1969) The 1969 landmark case of Tinker v. Des Moines affirmed the First Amendment rights of students in school. The Court held that a school district violated students’ free speech rights when it singled out a form... Save to My Library.
What was the court's opinion on the armbands?
The Court had to consider two questions: were the armbands a form of symbolic speech protected by the First Amendment? And if so, did the school district have the power to restrict that speech in the interest of maintaining order in the school? In a 7-2 decision, the Court found that the armbands were basically “pure speech” and that the school’s action was unconstitutional. In a famous phrase, Justice Fortas wrote, “It can hardly be argued that either students or teachers shed their constitutional rights to freedom of speech or expression at the schoolhouse gate…”
What did the court decide violated students' free speech rights?
The Court held that a school district violated students’ free speech rights when it singled out a form of symbolic speech – black armbands worn in protest of the Vietnam War – for prohibition, without proving the armbands would cause substantial disruption in class.
What is the meaning of "Tinker v Des Moines"?
Tinker v. Des Moines, Freedom of Speech for Students
When was the Tinker case decided?
Since the Tinker case was decided in 1969 , protests have become an accepted way for students to express their views. Students have protested apartheid in South Africa, racial and sexual inequality, and many other issues.
Why did John and Mary Beth Tinker wear black armbands?
The Tinker kids, along with Christopher Eckhardt, Christine Singer, and Bruce Clark, decided to wear black armbands with a peace symbol to school in protest of the war.
Who was the plaintiff in the Iowa school district lawsuit?
The Iowa Civil Liberties Union stepped forward to represent the students in a lawsuit against the school district with Mary Beth Tinker as the named plaintiff. There were two key legal issues to be decided by the courts:
Facts of The Case
Constitutional Issues
- The question posed by the case was whether the symbolic speech of students in public schools should be protected by the First Amendment. The Court had addressed similar questions in a few previous cases, three of which were cited in the decision. In Schneck v. United States (1919), the Court's decision favored restriction of symbolic speech in the form of antiwar pamphlets that ur…
The Arguments
- Attorneys for the students argued that the school district violated the students' right of free expression and sought an injunction to prevent the school district from disciplining the students. The school district held that their actions were reasonable ones, made to uphold school discipline. The U.S. Court of Appeals for the Eighth Circuit affirmed the decision without opinion.
Majority Opinion
- In Tinker v. Des Moines, a vote of 7–2 ruled in favor of Tinker, upholding the right to free speech within a public school. Justice Fortas, writing for the majority opinion, stated that: Because the school could not show evidence of significant disturbance or disruption created by the students' wearing of the armbands, the Court saw no reason to re...
Dissenting Opinion
- Justice Hugo L. Black argued in a dissenting opinion that the First Amendment does not provide the right for anyone to express any opinion at any time. The school district was within its rights to discipline the students, and Black felt that the appearance of the armbands distracted students from their work and hence detracted from the ability of the school officials to perform their dutie…
The Impact
- Under the standard set by Tinker v. Des Moines, known as the "Tinker Test," student speech may be suppressed if it amounts to a 1) substantial or material disruption or 2) invades the rights of other students. The court said: However, three important Supreme Court cases since Tinker v. Des Moines have significantly redefined student free speech since that time: Bethel School District N…
Online Activity and Tinker
- Several lower court cases explicitly referring to Tinker concern online activity of students and cyberbullying, and are making their way through the system, although none have been addressed on the Supreme Court bench to date. In 2012 in Minnesota, a student wrote a Facebook post saying a hall monitor was "mean" to her and she had to turn over her Facebook password to sch…
Tinker at 50
- Despite some legal chipping away at Tinker, speakers at a March 2019 American Bar Association gathering called "Tinker at 50: Student rights move forward?" said that the ruling "is still a powerful force." The ABA noted: Still, in "today’s changing world, new technologies have muddied the waters," the ABA stated. Alex M. Johnson, a program director at the California Wellness Foundat…
Sources
- Beckstrom, Darryn Cathryn. "State Legislation Mandating School Cyberbullying Policies and the Potential Threat to Students' Free Speech Rights "Vermont Law Review33 (2008–2009): 283-321. Print.
- Chemerinsky, Erwin. "Students Do Leave Their First Amendment Rights at the Schoolhouse Gates: What's Left of Tinker?" Drake Law Review 48 (2000): 527-49. Print.
- Beckstrom, Darryn Cathryn. "State Legislation Mandating School Cyberbullying Policies and the Potential Threat to Students' Free Speech Rights "Vermont Law Review33 (2008–2009): 283-321. Print.
- Chemerinsky, Erwin. "Students Do Leave Their First Amendment Rights at the Schoolhouse Gates: What's Left of Tinker?" Drake Law Review 48 (2000): 527-49. Print.
- Enacted Legislation/Statutes. "§ 14-458.1. Cyber-bullying; penalty." North Carolina General Assembly.
- Goldman, Lee. "Student Speech and the First Amendment: A Comprehensive Approach " Florida Law Review63 (2011): 395. Print.
