Tinker v. DesMoines Independent Community School District (1969)

Facts:
In December 1965, John and Mary Beth Tinker, along with Christopher Eckhardt, all teens, and their parents, decided to express their objection to the Vietnam conflict by having the students wear black armbands during the holiday season. The principals in DesMoines learned of this plan and adopted a policy whereby students who wear armbands would be suspended. The students and the parents were aware of the new policy. The students wore the armbands and were suspended.

The families filed for an injunction seeking to restrain school officials from disciplining the students. In 1966, a U.S. District Court dismissed the complaint and upheld the actions of the school district. The 8th Circuit Court of Appeals considered the case en banc and was equally divided, affirming the District Court's ruling.

Issue: Is wearing a non-disruptive symbol that expresses a political view protected as speech by the First Amendment?

Court Held: Reversed 7-2
Justice Fortas wrote for the majority.

• The armbands did not cause an disturbance and are closely akin to pure speech deserving comprehensive protection.
• Teachers and students do not shed constitutional rights at the schoolhouse gate.
• Fear of possible disruption is not enough to overcome the right to freedom of expression
• The policy of the principals is not content neutral.
• School officials do not have absolute authority
• Students have rights --- but disruptive behavior is not protected

Dissent: Justice Black

• School board should run the schools, not the courts.
• Some of the students in some of the classes could have been disturbed by the armbands.
• Students are not wise enough to run the schools.

Rule:

• Students & teachers have basic First Amendment rights.
• Wearing black armbands as symbolic protest deserves comprehensive First Amendment protection.