TINKER VS. DES MOINES INDEPENDENT SCHOOL District, 393 U.S. 503 ( 1969)

1. TINKER VS. DES MOINES INDEPENDENT SCHOOL District, 393 U.S. 503 (1969) By: Courtney Pillow www.uscourts.gov

2. Parties Involved Plaintiffs Mary Beth Tinker John F. Tinker Christopher Eckhardt Defendant Des Moines Independent Community School District 13 yrs. 15 yrs. 16 yrs. http://www.glogster.com

3. 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 diedThe 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 schoolThe 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 violatedThe 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 Original Case

4. Appeals court: Laws in Question • First Amendment and Free Speech Clause - all people have the right to express themselves without censorship if it does not harm anyone else • 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

5. At the Supreme court • In November of 1968, the Supreme Court agreed to hear the Tinker case • 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 Tinkers www.east-buc.k12.ia.us

6. The Majority Decision Justice 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…”

7. 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.”

8. 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/

9. Works Cited "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.

10. Picture Refrences "'Boobies' Bracelet Battle Could Be Bound for Supreme Court." NBC News. N.p., n.d.Photograph. 27 Nov. 2013. 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. Tinker v. Des Moines Podcast. N.d. Photograph. USCOURTSGOV RSS. Web. 24 Nov. 2013. Tinker vs. Des Moines School District. N.d. Photograph. Tinker vs. Des Moines School District. Web. 27 Nov. 2013.