TINKER VS. DES MOINES

INDEPENDENT SCHOOL

District, 393 U.S. 503 (1969)

By: Courtney Pillow

www.uscourts.gov

PARTIES INVOLVED Plaintiffs

Mary Beth Tinker

John F. Tinker Christopher

EckhardtDefendant Des Moines

Independent Community School District

13 yrs. 15 yrs. 16 yrs.

http://www.glogster.com

A meeting was held at the Eckhardt home in December 1965 to discuss ways to protest the Vietnam War. This resulted in the wearing of black armbands with “peace signs” on them throughout the Christmas and new year holidays to mourn the Americans who had died

The principals of the middle and high school heard about the protest and passed a rule at school that said “any student wearing an armband…would be asked to remove it, and if he refused he would be suspended until he returned without the armband” because they thought the bands would disturb the peace of the school

The Tinkers decided to take the risk and wear the armbands. They were suspended and did not return until after the new year. Their parents were outraged and decided to (with the help of Iowa and American Civil Liberties Union) sue the school district on the grounds that the students’ First Amendment rights were being violated

The Tinkers filed the complaint under the § 1983 of Title 42 of the United States Code. The United States District Court of Southern Iowa had original jurisdiction. The judge ruled that the school acted “reasonable in order to prevent disturbance of school discipline”

The plaintiffs appealed to the Court of Appeals for the Eighth Circuit in St. Louis, Missouri

ORIG

INAL

CAS

E

1. First Amendment and Free Speech Clause - all people have the right to express themselves without censorship if it does not harm anyone else

2. Due Process Clause of the Fourteenth Amendment - describes the obligation of all states to the unnamed rights of American citizens

The judges were split 4 to 4. Therefore, the District Court’s

decision was upheld.

mrspencer.info

APPEALS COURT: LAWS IN QUESTION

AT THE SUPREME COURT In November of 1968, the Supreme Court agreed to hear the Tinker caseo Dealt with the First Amendment rights of

students in school which is extremely important

On February 24, 1969, the Tinkers stood in front of the Supreme Court to hear the verdict on their case The outcome of the case was a vote of 7

to 2 in favor of the Tinkerswww.east-buc.k12.ia.us

THE MAJORITY DECISIONJustice Abe Fortas wrote the majority decision:“First Amendment rights…are available to teachers and students. It can hardly

be argued that either students or teachers shed their constitutional rights to freedom of speech or expression at

the schoolhouse gate”

Mr. Justice Potter Stewart and Mr. Justice Byron White concurred

White wrote that: “While I join the Court's opinion, I

deem it appropriate to note…that the Court continues to recognize a

distinction between communicating by words and communicating by acts…”

THE DISSENTING DECISION Justice Hugo Black wrote the dissenting opinion:

“There is…evidence that a teacher…had his lesson period practically "wrecked" chiefly by disputes with Mary Beth Tinker,

who wore her armband…this armband did divert students'

minds from their regular lessons…”

Justice John Harlan also agreed:

He believed that the decisions of a school system should not “surrender control of the

American public school system to public school students.”

POLITICAL IMPACT OF THE CASE “As a result of the decision in our case, it is clear that students do have a right to non-disruptively express their opinions in school.” – John Tinker

Used to help decipher Bethel School District v. Fraser (1986), a case about a speech during a student assembly that contained inappropriate material

Referenced in 2013 case regarding breast cancer awareness bracelets handed out during school with a disreputable message written on them http://usnews.nbcnews.com/

"The Appeals Process." USCOURTSGOV RSS. United States Courts; Internet Accessed 18 Nov. 2013.

"First Amendment Schools: The Five Freedoms - Court Case." First Amendment Schools: The Five Freedoms - Court Case. First Amendment Center,

18 Nov. 2013; Internet Accessed 19 Nov. 2013.

"Frequently Asked Questions - Supreme Court of the United States." Frequently Asked Questions - Supreme Court of the United States; Internet

Accessed 18 Nov. 2013.

Lewis, Jerry M., and Thomas R. Hensley. "The May 4 Shootings at Kent State University: The Search For Historical Accuracy." The Ohio Council for the

Social Studies Review ; Internet Accessed 18 Nov. 2013.

"Repesentative Dan Johnston." The Iowa Legislature; Internet Accessed 19 Nov. 2013

"Statistical Information about Fatal Casualties of the Vietnam War." National Archices. Military Records; Internet Accessed 18 Nov. 2013.

Tinker, John. "Rights Matter: the story of the Bill of Rights." Rights Matter: the story of the Bill of Rights. American Civil Liberties Union of

Massachusetts. 2006; Internet Accessed 19 Nov. 2013

Tinker, Mary Beth. "What a Black Armband Means, Forty Years Later." Weblog post. Blog of Rights. American Civil Liberties Union, 24 Feb. 2009;

Internet Accessed 18 Nov. 2013.

United States of America. Superme Court of the United States. No. 21 SUPREME COURT OF THE UNITED STATES 393 U.S. 503. N.p.: n.p., n.d. Tinker v.

Des Moines School District (1969); Internet Accessed 18 Nov. 2013.

Works Cited

Tinker vs. Des Moines. 1969. Photograph. Glogster. 2011. Web. 25 Nov. 2013.Tinker v. Des Moines Independent School District (1969). N.d. Photograph. Mrspencerinfo. Web. 26 Nov. 2013.

"'Boobies' Bracelet Battle Could Be Bound for Supreme Court." NBC News. N.p., n.d. Photograph. 27 Nov. 2013.

Picture Refrences

Tinker vs. Des Moines School District. N.d. Photograph. Tinker vs. Des Moines School District. Web. 27 Nov.

2013.

Tinker v. Des Moines Podcast. N.d. Photograph. USCOURTSGOV RSS. Web. 24 Nov. 2013.