Supreme Court Case

Presentation:
Tinker v. DesMoines

Oakland University
EA742 - Dr. Rod Green
Jeremy Mitchell
Summer 2017
Tinker vs. Des Moines (1969):
Students freedom of speech and symbolic speech rights in school

Background of the case:

“At a public school in Des Moines, Iowa, students organized a silent protest against the
Vietnam War. Students planned to wear black armbands to school to protest the
fighting but the principal found out and told the students they would be suspended if
they wore the armbands. Despite the warning, students wore the armbands and were
suspended. During their suspension the students' parents sued the school for violating
their children's right to free speech. A U.S. district court sided with the school, ruling
that wearing armbands could disrupt learning. The students appealed the ruling to a
U.S. Court of Appeals but lost and took their case to the United States Supreme
Court.”

-United States Courts

Tinker vs. Des Moines (1969):
Students freedom of speech and symbolic speech rights in school

Supreme Court Decision:

“In 1969 the United States Supreme Court ruled in a 7-2 decision in favor of the
students. The high court agreed that students' free rights should be protected and said,
"Students don't shed their constitutional rights at the school house gates"

-United States Courts

Court Decisions at Lower Levels

After the suspension of their children and friend, the Tinker family, along with help
from the Iowa chapter of the American Civil Liberties Union (ACLU) filed a complaint
with the US District Court. The District court backed the school board each time.

The Tinkers appealed to the U.S. 8th Court of Appeals wherein the court was divided
and thus deferred back to the ruling of the District Court siding with the school.

Finally, the case was appealed to the U.S. Supreme Court and as you know, the lower
court rulings were overturned and the Tinker’s wearing of the arm bands as “pure
speech” not meant to disrupt the classroom such as other instances taken up by the
courts.
Impact of the Case on Schools
Subsequent Jurisprudence

While Tinker insures that students free speech and symbolic speech rights are
maintained, there have been numerous cases since that have defined what speech is
not protected. Such as…

● Bethel School District v. Fraser - sexual innuendo speech was not protected
● Hazelwood v. Kuhlmeier - schools can regulate school sponsored newspapers
● Morse v. Frederick - schools can even limit off campus speech related to a school
sponsored event if promoting drugs
Impacts for School Leaders

Ultimately, the Tinker case and subsequent cases regarding speech rights make it very
difficult for school leaders to make decisions about discipline regarding free speech;
especially in a highly connected social media era. The Tinker Test of whether or not
the students speech or actions create a disruption of the school environment,
particularly through inappropriate or lewd subject matter, is the guidepost.
Conclusion

Tinker v. Des Moines (1969)