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 Tinker v. Des Moines Independent Community School District


JOHN F. TINKER and Mary Beth Tinker, minors, by their father
    and next friend, LEONARD TINKER and CHRISTOPHER ECKHARDT,
    minor, by his father and next friend, William Eckhardt,
Petitioners,
v.
THE Des Moines INDEPENDENT COMMUNITY SCHOOL DISTRICT
"First Amendment rights, applied in light of the special characteristics of the school environment, 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. This has been the unmistakable holding of this Court for almost 50 years."
...
Under our Constitution, free speech is not a right that is given only to be so circumscribed that it exists in principle but not in fact. Freedom Of Expression would not truly exist if the right could be exercised only in an area that a benevolent government has provided as a safe haven for crackpots. The Constitution says that Congress (and the States) may not abridge the right to free speech. This provision means what it says. We properly read it to permit reasonable regulation of speech-connected activities in carefully restricted circumstances. But we do not confine the permissible exercise of First Amendment rights to a telephone booth or the four corners of a pamphlet, or to supervised and ordained discussion in a school classroom.

...
The District Court concluded that the action of the school authorities was reasonable because it was based upon their fear of a disturbance from the wearing of the armbands. But, in our system, undifferentiated fear or apprehension of disturbance is not enough to overcome the right to freedom of expression. Any departure from absolute regimentation may cause trouble. Any variation from the majority's opinion may inspire fear. Any word spoken, in class, in the lunchroom, or on the campus, that deviates from the views of another person may start an argument or cause a disturbance. But our Constitution says we must take this risk, Terminiello V. Chicago, 337 U.S. 1 (1949); and our history says that it is this sort of hazardous freedom - this kind of openness - that is [393 U.S. 503, 509] the basis of our national strength and of the independence and vigor of Americans who grow up and live in this relatively permissive, often disputatious, society.
Tinker remains a viable and frequently-cited Court precedent, though subsequent Court decisions have determined limitations on the scope of student free speech rights. In Bethel School District v. Fraser, a 1986 case, the Supreme Court held that a high school student's sexual innuendo–laden speech during a student assembly was not constitutionally protected. Fraser qualified Tinker in making an exception for "indecent" speech. Hazelwood V. Kuhlmeier, where the court ruled that schools have the right to regulate, for legitimate educational reasons, the content of non-forum, school-sponsored newspapers, also limits Tinker's application. The Court in Hazelwood clarified that both Fraser and Hazelwood were decided under the doctrine of Perry Education Association v. Perry Local educators Association. Such a distinction keeps undisturbed the Material Disruption doctrine of Tinker, while deciding certain student free speech cases under the Nonpublic Forum doctrine of Perry. In Morse v. Frederick, the Court held that schools may, consistent with the First Amendment, restrict student speech at a school-sponsored event, even those events occurring off school grounds, when that speech is reasonably viewed as promoting illegal drug use.

30 years later: John Tinker, Mary Beth Tinker, and Christopher Eckhardt in 1995

images:  google   yahoo

Fri. January 09, 2009

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... special counsel to the acting attorney general; and Mary Beth Tinker, plaintiff in the suit Tinker v. Des Moines, a 1969 landmark case in which the US ...
Tinker, the celebrated plaintiff of the 1969 US Supreme Court decision, Tinker v Des Moines, continues to be a rock star for student journalists and ...
... school students to wear black armbands to protest US involvement in the Vietnam War, writing in Tinker v. Des Moines Independent Community School Dist. ...
On-campus student speech normally is governed by the standard coined by the Supreme Court in 1969 in Tinker v. Des Moines Independent School District, ...

Munley, distinguishing the Supreme Court's decision in Tinker v. Des Moines - the landmark First Amendment case that struck down a school ban on armbands to ...
... the school district asks the Court to decide whether the 8th Circuit improperly applied Tinker v. Des Moines Independent Community School District, ...
One of the main defenses cited by the student and her parents was a 1969 Supreme Court case, Tinker v. Des Moines (Iowa) Independent Community School Board, ...
The decision was the result of Tinker v. Des Moines School Board in which three teenagers had worn black arm bands to school in protest of activities in ...
Although Frederick did not win, the Supreme Court reaffirmed the principles of Tinker v. Des Moines Independent Community School Dist. that students retain ...
... that the Supreme Court indicated did not surrender their rights "at the schoolhouse gate" in Tinker v. Des Moines Independent Community School District. ...
Two Roosevelt High School students will speak to several Supreme Court justices Monday in Washington D.C. about the historic 1969 Tinker vs. Des Moines case. Juniors John Freude and Charles Huston, along with Roosevelt history teacher Vince Schweiger will join representatives from two other U.S. high schools selected for the event. The topic of the discussion will be students' rights and free speech. The discussion will be videotaped and made available to 40,000 schools for replay on Constitution Day in September.

"It is both an honor and a fantastic opportunity for these students to represent Roosevelt, North, Lincoln, and Harding - the schools of the students involved in the Tinker Case - and bravery of the original students in this case whose effort helped ensure that our rights and freedom to express ourselves are protected on both sides of the school house gate," said Schweiger. The event is sponsored by the Annenberg Foundation Trust at Sunnyland, whose goal is "to advance public understanding of and appreciation for democracy and to address serious issues facing the country and the world." For more information go to www.annenburgclassroom.org

Kaplan also looked to Tinker v. Des Moines, a famous case, in which the issue was whether students, while in class, had the right to wear black armbands to ...
... that the Supreme Court indicated did not surrender their rights "at the schoolhouse gate" in Tinker v. Des Moines Independent Community School District. ...
Attention was paid to such landmark cases as Tinker v. Des Moines Independent Community School District, the 1969 decision upholding the right of students ...
... the Foundation for Individual Rights in Higher education (an organization with whose positions I usually agree) cites Tinker v. Des Moines (1969) and ...
... the Foundation for Individual Rights in Higher education (an organization with whose positions I usually agree) cites Tinker v. Des Moines (1969) and ...
One of the main defenses cited by the student and her parents was a 1969 Supreme Court case, Tinker v. Des Moines Independent Community School Board, ...
They cited a 1969 Supreme Court case, Tinker v. Des Moines Independent Community School Board, that upheld student free expression. ...
They cited a 1969 Supreme Court case, Tinker v. Des Moines Independent Community School Board, that upheld student free expression. ...
... the standard articulated by the US Supreme Court in its seminal student free-expression decision Tinker v. Des Moines Independent Community School Dist. ...
The judge declined to apply the US Supreme Court precedent of Tinker v. Des Moines Independent Community School District, ruling that Tinker applied only to ...
... not entitled to the strong First Amendment protections set forth by the US Supreme Court in Tinker v. Des Moines Independent Community School District. ...
One of the main defenses cited by the student and her parents was a 1969 Supreme Court case, Tinker v. Des Moines Independent Community School Board, ...
US, protecting student rights in Tinker v. Des Moines, and others. Now Congress needs to step up. Congress may not abridge, but they can certainly protect. ...
One of the main defenses cited by the student and her parents was a 1969 Supreme Court case, Tinker v. Des Moines Independent Community School Board, ...
One of the main defenses cited by the student and her parents was a 1969 Supreme Court case, Tinker v. Des Moines Independent Community School Board, ...
Tinker v. Des Moines ruled that wearing an armband to class in order to protest the Vietnam War did not interfere with the educational process, ...
In the 1969 Tinker v. Des Moines School District ruling, Justice Abe Fortas wrote, "Neither students nor teachers shed their constitutional rights to ...
One of the main defenses cited by the student and her parents was a 1969 Supreme Court case, Tinker v. Des Moines Independent Community School Board, ...
One of the main defenses cited by the student and her parents was a 1969 Supreme Court case, Tinker v. Des Moines Independent Community School Board, ...
One of the main defenses cited by the student and her parents was a 1969 Supreme Court case, Tinker v. Des Moines Independent Community School Board, ...
See You at the Pole is supported by the landmark Supreme Court decision of Tinker v. Des Moines Independent Community School District. ...
... (such as the famous "Bong hits 4 Jesus" case) to the landmark Tinker v. Des Moines case, would not have been actionable without some further disruption. ...
Munley rejected all three arguments citing Tinker v. Des Moines Independent Community School District, which says students and teachers do not "shed their ...
The plaintiffs argued that the appropriate standard to apply was from the US Supreme Court's seminal student-speech decision Tinker v. Des Moines ...
As an example, they presented the US Supreme Court case of Tinker v. Des Moines from 1969, which ruled that students do not shed their constitutional rights ...
As an example, they presented the US Supreme Court case of Tinker v. Des Moines from 1969, which ruled that students do not shed their constitutional rights ...
The suit also pointed to the landmark 1969 Tinker v. Des Moines case, in which students' black arm bands, worn on school grounds, were protected free speech ...
A landmark 1969 US Supreme Court decision, Tinker v. Des Moines Independent Community School District, involving students and Vietnam War protest armbands, ...
Interestingly, Munley's opinion distinguished the Supreme Court's decision in Tinker v. Des Moines - the landmark First Amendment case that struck down a ...

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US Supreme Court decisions about schools:
            bethel v. fraser
            brown v. board of education
            cooper v. aaron
            frederick v. morse
            goss v lopez
            hammond v. south carolina state
            hazelwood v. kuhlmeier
            ingraham v. wright
            meyer v. state of nebraska
            new jersey v. tlo
            poling v. murphy
            tinker v. des moines
            waugh v. board of trustees
            west virginia v. barnette

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see also

students' rights activists
student free speech activists

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misspellings: DesMoines
schemata ©2008 John Tinker