What is the Tinker Standard and how does it affect schools today?

The Tinker case was about students wearing black armbands on school grounds in Des Moines,
symbolizing that those students were against war. After the school banned the armbands for fear of
arguments, five students continuously wore them and were suspended. The parents of three of the children,
Mary Beth Tinker, John Tinker, and Christopher Eckhart, filed a complaint in U.S. District Court charging
that the suspensions violated the right to free speech guaranteed in the First Amendment. “School officials
do not possess absolute authority over their students. Students in school, as well as out of school, are
"persons" under our Constitution.” (A) The First Amendment to the U.S. Constitution states “Congress
shall make no law respecting an establishment of religion; or abridging the freedom of speech, or of the
press; or the right of the people peaceably to assemble…” The First Amendment defines the right to speak
freely without government interference.

When the district court ruled the school’s actions did not violate the Constitution, the student’s
lawyers appealed the case to the United States Supreme Court. The Tinker v. Des Moines case would
determine whether First Amendment rights extend to students on school grounds. The Supreme Court ruled
that wearing armbands was a form of symbolic speech protected by the First Amendment, even in a school
setting. Seven jurors were in favor and two were against it. One of the men against the voting, Justice Hugo
Black said, “I think the record overwhelmingly shows that the armbands did exactly what the elected
school officials and principals foresaw they would, that is, took the students' minds off their class work and
diverted them to thoughts about the highly emotional subject of the Vietnam War.” (A)

The Tinker Standard defined students the right to symbolic speech. Even today the Tinker
Standard affects students. In January, at DuBoke Middle School, Kelly Bokern wore a shirt with the
Confederate flag on it and was told to change shirts or receive an inside school suspension. Sense October,
the schools principal, Raymond Burke, has banned students from wearing clothing with the Confederate
flag. He banned them after some students wore shirts showing black people picking cotton under the flag.
Kelly Bokern says, “Wearing a shirt combining the image of the Confederate flag and South Carolina's
palmetto flag has nothing to do with racism and everything to do with free speech.” (B) Today students still
have to look out for what they wear to school. There are still limits on freedom of speech on clothing.

(A) U.S. Supreme Court, Tinker v. Des Moines Independent Community School Dist., 393 U.S. 503 (1969)
(B) "Student told to change Rebel flag shirt" Associated Press