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 Tinker v. Des Moines Independent Community School District

United States Supreme Court
TINKER v. DES MOINES SCHOOL DIST., (1969)
No. 21
Argued: November 12, 1968 Decided: February 24, 1969


TINKER v. DES MOINES


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


[quotations from majority opinion:]


"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. ..."


“In order for the State in the person of school officials to justify prohibition of a particular expression of opinion,” Justice Abe Fortas wrote in the 7-2 ruling, “it must be able to show that its action was caused by something more than a mere desire to avoid the discomfort and unpleasantness that always accompany an unpopular viewpoint.”

John Tinker and Mary Beth Tinker in 1966
Mary Beth and John Tinker in 1966
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updated Thu. May 3, 2018

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And he said there was a high bar to show that the speech had been disruptive as well, noting that in one of the most famous student free-speech cases, Tinker v. Des Moines, the Supreme Court sided with students who wore black armbands to protest the Vietnam War and not school administrators, who ...
And he said there was a high bar to show that the speech had been disruptive as well, noting that in one of the most famous student free-speech cases, Tinker v. Des Moines, the Supreme Court sided with students who wore black armbands to protest the Vietnam War and not school administrators, who ...

The boundaries of students' First Amendment Rights were set out almost 50 years ago, in the Supreme Court's decision in Tinker v Des Moines Independent Community School District (1969). The case began in 1966, when a few middle-school and high-school students were suspended after they ...
C-SPAN is continuing its second season of the series "Landmark Cases," about historic U.S. Supreme Court decisions. And on Monday, April 23, the series will feature Tinker v. Des Moines Independent Community School District, in which the court upheld the right of secondary school students to engage in ...
But “regardless of the issue, students don't check their First Amendment rights at the schoolhouse door,” he said, paraphrasing a landmark Supreme Court decision on student protests, Tinker v. Des Moines. “If they want to protest and leave school, they can do it, so our goal is to make sure they're safe but ...
But "regardless of the issue, students don't check their First Amendment rights at the schoolhouse door," he said, paraphrasing a landmark Supreme Court decision on student protests, Tinker v. Des Moines. "If they want to protest and leave school, they can do it, so our goal is to make sure they're safe but ...

Board of Education and Tinker v. Des Moines, the person whose name is listed first became nationally famous, while other participants are often overlooked. The focus on Susette Kelo is understandable. But it comes at the cost of downplaying the stories of the others, some of whom probably suffered even ...
Since the 1969 case Tinker v. Des Moines, which held that students do not give up their free speech rights at school, but that administrators can prevent “disruptive” behavior, further cases have expanded the right of school administrators to crack down on speech on public school campuses, even including ...
On Wednesday his class discussed the Supreme Court 1969 decision, Tinker v. Des Moines, in which the court ruled against an Iowa school district's decision to ban students from wearing black armbands in protest of the Vietnam War. Latuscha assigned his class to form groups and look at documents, ...
A landmark U.S. Supreme Court decision in 1969, Tinker v. Des Moines, famously said that neither “students or teachers shed their constitutional rights to freedom of speech or expression at the schoolhouse gate.” In that case, justices ruled in favor of students who'd been suspended for wearing black ...
The names of prominent cases, from Dred Scott to Tinker v. Des Moines to Brown v. Board of Education, have defined our nation as much as the Marshall Plan, Great Society, and Iraq Wars. Our courts decide criminal cases, provide a neutral party to resolve civil disputes, and allow us to hold the legislative ...
Under the Supreme Court's watershed Tinker v. Des Moines decision, students can exercise their First Amendment rights, but schools are allowed to silence speech that causes a material and substantial disruption to the educational process. Class walkouts would seem to fit the bill. But here's the rub: Once ...
17. “We are going to be the kids you read about in textbooks,” Gonzalez said in her speech. “Just like Tinker v. Des Moines, we are going to change the law. That's going to be Marjory Stoneman Douglas in the textbook and it's going to be due to the tireless effort of the school board, the faculty members, the ...
While the district passed a couple of motions to educate the students and the community on the types of actions they can partake in, Boardmember Madhavi Sunder believes that the district is not in compliance with the Supreme Court decision Tinker v. Des Moines Independent Community School District ...
The new standards are needed, Holden argues, because the 1969 Supreme Court ruling that currently applies, Tinker v. Des Moines, came years before the internet. "Social media has taken over the lives of these kids," Holden said, and online bullying often disrupts schooling and students' academic ...
In the landmark 1969 Supreme Court case Tinker v. Des Moines, the court decided that there were limits to students' rights at school, but that “It can hardly be argued that either students or teachers shed their constitutional rights to freedom of speech or expression at the schoolhouse gate,” as Justice Abe ...
Student media is protected by the First Amendment, which has been supported in multiple U.S. Supreme Court decisions, including Tinker v. Des Moines Independent School District (1969) and Hazelwood School District v. Kuhlmeier (1988). The purpose and mission of student media is to provide students ...

LORDSTOWN — The woman whose actions as an eighth-grader led to a Supreme Court ruling for student speech in schools shared her story during a recent Democracy Day held at Lordstown High School. Mary Beth Tinker, an American free speech activist known for her role in the 1969 Tinker v.
This is only possible because the United States Supreme Court ruling of Tinker v. Des Moines Independent Community School District (1969) grants students the constitutional right to “freedom of speech or expression at the schoolhouse gate,” the ruling only protects students of public schools whose ...
Barbara Howard: The right of students to protest at school can be traced back to a U.S. Supreme Court decision nearly 50 years ago that set that right in stone. The case was called Tinker v. Des Moines, and it's a piece of history that was not lost on Marjory Stoneman Douglas student Emma Gonzalez, who's ...
... 18-year-old Emma Gonzalez, a senior at the school, vowed: "We are going to be the kids you read about in textbooks. Not because we're going to be another statistic about mass shooting in America, but because … we are going to be the last mass shooting. Just like Tinker v. Des Moines, we are going to ...
... 18-year-old Emma Gonzalez, a senior at the school, vowed: "We are going to be the kids you read about in textbooks. Not because we're going to be another statistic about mass shooting in America, but because … we are going to be the last mass shooting. Just like Tinker v. Des Moines, we are going to ...
It is sad and surprising that Clinton High School Superintendent Curt Nettles, as well as The Pantagraph, did not take five minutes to become aware of precedent law regarding student free speech. Tinker v. Des Moines Independent Community School District, 393 U.S. 503 (1969), was a landmark decision ...
“Just like Tinker v. Des Moines [Supreme Court ruling allowing high school students to wear black arm bands peacefully protesting the Vietnam War], we are going to change the law,” she added. Emma was joined by other student leaders and massacre survivors whose names will likely appear on future ...
We have to compensate for the valuable classroom time lost.” Stephan Maldrich is a sophomore student who received detention for participating in the walkout. As he slumped in the desk under Clemins' supervision, he pulled out a copy of the Tinker v. Des Moines ruling and began to highlight sections with ...
The seminal case regarding free speech rights of high school students is Tinker v. Des Moines Ind. Comm. School Dist. (1969). In Tinker, the United States Supreme Court held that a school violated its students' free speech rights when it suspended five students for wearing black armbands to protest the ...
We hear from high school students, look back at the landmark case Tinker v. Des Moines and examine how social media platforms have changed the equation. But first, we have to talk about that other social media story: Facebook user data obtained by Cambridge Analytica to target political ads. Plus, a ...
While Fick reminded Phelan of the Supreme Court decision, Tinker v. Des Moines, that “students do not 'shed their constitutional rights to freedom of speech and expression at the schoolhouse gate,” Phelan stated that “Belmont recognizes” that ruling, “however, there is a well-recognized legal principle that ...
A few recent federal court decisions below the Supreme Court level show divided opinions about what students can say on social media when they aren't physically at school. The foundational decisions about public school student speech start with Tinker v. Des Moines Independent Community School ...
We hear from high school students, look back at the landmark case Tinker v. Des Moines and examine how social media platforms have changed the equation. But first, we have to talk about that other social media story: Facebook user data obtained by Cambridge Analytica to target political ads. Plus ...
In 1969, the Supreme Court, in Tinker v. Des Moines Independent Community School District, established that students in U.S. public schools do not forfeit their constitutional rights to freedom of speech or expression when they enter the schoolhouse gate. We can only hope that school administrators keep ...
This distinction between public high school and college students comes from a 1969 Supreme Court decision, Tinker v. Des Moines Independent Community School District. Mary Beth Tinker, a 13-year-old student at Warren Harding Junior High School in Des Moines, Iowa, wore a black armband to school ...
However, this issue was already decided in a landmark Supreme Court ruling Tinker v. Des Moines which states that students do not “shed their constitutional rights to freedom of speech or expression at the schoolhouse gate.” The court ruled that the First Amendment applied to public schools, and school ...
This freedom was set in the landmark Supreme Court case, Tinker v. Des Moines in 1965, in which students protested the Vietnam War by wearing black armbands to school. However, administrative responses to student protests may vary. For example, with talk of school walkouts or protests by students ...
and reminded students that the 1969 Supreme Court case Tinker v. Des Moines Independent Community School District allowed them to engage in protests so long as they don't disrupt school functions. “You know what's creating a disruption of the educational process? It's not the students,” Raskin said.
GREENVILLE, N.C. (WNCT) – Almost a month after 17 people were killed in the mass shooting at Marjory Stoneman Douglas Highschool, people across the country held demonstrations in their honor. Thousands of high school students walked out of classrooms Wednesday to honor the lives lost, including ...
In the landmark educational case of Tinker v. Des Moines Independent School District (1969), the U.S. Supreme Court clarified that students wearing armbands as a protest to the Vietnam War was an expression protected by the First Amendment on the basis that “They neither interrupted school activities ...
Tinker v. Des Moines Independent Community School District, decided in 1969, established students' rights to express political views as long as the expression doesn't disrupt the school. In Tinker, junior high school students wore black armbands with peace symbols to protest the Vietnam War. Students ...
Joe Olivenbaum, a Quinnipiac University law professor, said a Supreme Court case involving Vietnam War protests laid the foundation for students' rights in schools. Tinker v. Des Moines Independent Community School District, decided in 1969, established students' rights to express political views as long ...
The Supreme Court case known as Tinker v. Des Moines, presented in 1969, set a legal precedent for institutional censorship of anything that might “materially and substantially interfere” with classes or the institution's performance. While many challenges have tried to overrule this standard, all have failed.
“Just like Tinker v. Des Moines, we are going to change the law,” Gonzalez said, referring to the landmark Supreme Court decision that defined the First Amendment rights of public school students. “That's going to be Marjory Stoneman Douglas in that textbook and it's going to be due to the tireless effort of ...
Legally, Ciak spoke about the U.S. Supreme Court Case Tinker v. Des Moines Independent Community School District in 1969 during which students who wore black armbands to protest the Vietnam War were suspended from school. Although the Supreme Court ruled in favor of the students and said ...
American students who choose to participate in this Wednesday's National Walkout have my unwavering support. There is a lot of criticism aimed at these young people, but do you really know what they are doing and why? I mean really know, not just projecting your own assumptions or regurgitating some ...
"Under the First Amendment schools may not use the threat of more severe punishment to silence students' political speech," ACLU of Maryland staff attorney Sonia Kumar said. Kumar cites case law including the landmark 1969 decision in Tinker v. Des Moines, which found the First Amendment protected ...
However, officials in most districts said they will try to remain neutral. The landmark 1969 Supreme Court case, Tinker v. Des Moines, established the rights of students under the First Amendment. The opinion held that students do not “shed their rights to freedom of speech or expression at the schoolhouse ...
The Supreme Court ruled that public school students do not "shed their constitutional rights to freedom of speech or expression at the schoolhouse gate" in the 1969 case of Tinker v. Des Moines, according to the ACLU of Maryland. Punishing students for leaving class more severely than they would for any ...
Just Google Tinker v. Des Moines. They specifically chose to walk out of school because it is where they are most likely to be gunned down (how sad is that?!) In 1960, black Americans protested segregation by participating in sit-ins at lunch counters because they were segregated. If they had left the lunch ...
"Under the First Amendment schools may not use the threat of more severe punishment to silence students' political speech," ACLU of Maryland staff attorney Sonia Kumar said. Kumar cites case law including the landmark 1969 decision in Tinker v. Des Moines, which found the First Amendment protected ...
That statement, made by Justice Abe Fortas in the landmark Supreme Court case Tinker v. Des Moines, has for decades reaffirmed the sanctity of free speech in public schools. Schools are not allowed to punish speech just because they don't like it. They can enact reasonable restrictions to control it, but ...
The landmark Tinker v. Des Moines case pretty much settled that legal question. In it, the Supreme Court ruled students don't “shed their constitutional rights to freedom of speech or expression at the schoolhouse gate.” Some schools could hit students who walk out with an unexcused absence. That could ...


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