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Tinker V Moines Case Study

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Tinker v. Des Moines the Court ruled that students have a right under First Amendment to wear black armbands while being in school. Since Susie Speeker held up a sign with message at the event promoting illegal drug use, Principal Pat Strickland suspended Susie for ten days. School’s policy allowed suspension only those who “use, advocate or promote the use of any illegal drug at a school function.” Susie’s intention by holding the sign was not to promote illegal drug use but because of her mother was a breast cancer survivor and they believe that marijuana should be legalized only for compassionate use.
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This case Tinker v. Des Moines Schools was a very interesting case argued in 1968. A lawsuit was filed against the school after three students, Two of which in high school and one in middle school were suspended from school. The school suspended the students for wearing black armbands protesting the Vietnam war. Two other students wore armbands, but were in elementary school and weren't suspended. The students were fifteen year old John Tinker, sixteen year old Christopher Eckhardt, and thirteen year old Mary Beth Tinker.

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Citation: Tinker v. Des Moines Independent School District (1969) Facts: In Des Moines, Iowa, a group of individuals met at a home to discuss ways to protest the United States involvement in the Vietnam War. The group decided beginning on December 16th and lasting until New Year’s Day, the members of the group would fast and wear black armbands to show their opposition to the war. School officials became aware of the students’ protest and implemented a policy that any student wearing a black armband would be asked to remove it. If the students did not remove the armband, then the student would be suspended.

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Kuhlmeier began a new trend in the rulings of First Amendment cases. During the 1960s an Arab student protested publications exploring social issues such as civil rights which were common and accepted. In 1969, the Supreme Court upheld that the freedom of expression of students is protected under the First Amendment. In the case of Tinker V. Des Moines, at least 125 additional court cases around the country were decided in favor of the students during this time period. Due to the legal precedent set by the Tinker case.

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As seen in previous cases like Tinker vs. Des Moines, students have the right to political say, unless it causes disruption at school of students are promoting something that goes against the law. In the case of Tinker v Des Moines the students were not promoting anything illegal but showed their thought on the Vietnam War by wearing black armbands (Tinker). Argued in court by Kenneth W. Starr in the Morse v. Frederick case, he gave the idea that the foundation for school censorship was the case of Tinker v. Des Moines (Morse). The Justices responded back saying, that case was a different scenario as the students weren 't doing anything against the law while Frederick was encouraging the use of marijuana which was illegal (Morse).

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The wore black armbands in a protest against the government policies during the Vietnam war. The Tinkers tries to fight the suspension with the district court but the district court was in favor with the school so the Thinkers had to take it further. The next step was to take it to the supreme court. The tinkers took it to the Supreme court and the majority vote wat that it was unconstitutional for the school to

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Des Moines ruling based off of the Court of Appeals reliance on the case in ruling on Bethel v. Fraser. Essentially Tinker v. Des Moines hinges on whether the school acted in accordance to their authority to maintain a proper environment for students, by impeding Tinker’s Right to Freedom of Speech. The Court found that wearing a black armband in peaceful protest is protected under Freedom of Speech, because there was no disruption caused in the action, it was unnecessary for the school to react in the manner that it did. Justice Burger went on to suggest that the Court of Appeals missed the mark in comparing the two cases.

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The Tinker versus Des Moines court case involved three minors, John Tinker, Mary Beth Tinker and Christopher Eckhart. These three wore black armbands to their schools to protest the Vietnam War and were suspended following this action. Circuit courts and the Court of Appeals in Iowa ruled that the black armbands were inappropriate attire for school. This case was then brought to a higher-up court. Eventually, this case was brought before the Supreme Court.

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Because the wearing of the black armbands did not interfere or disrupt the school day of the students, the majority ruled that the students should not have been suspended. By punishing these students, the Des Moines Independent Community School District violated the first amendment and fourteen amendment rights of these

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In 1965 three students, John F. Tinker- 15 years old, Christopher Eckhardt- 16 years old, Mary Beth Tinker- 13-year-old, were suspend for wearing black armbands that supported hostilities in Vietnam and a truce. These three teens attended school through the Des Moines Independent School District. Parents of these student stood up and claimed a violation of their First Amendment right of freedom of speech. The armbands were an agreed about activity by a group of adult and students that meet in early December.

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In 1969, the U.S. Supreme Court case Tinker v. Des Moines Independent Community School District upheld the right to freedom of speech of students to protest the Vietnam war by wearing black armbands. The case explained the problem that “students do not “shed their constitutional rights to freedom of speech or expression at the schoolhouse gate.” (Student) As students, we are free to express ourselves through what we wear. As students, we have every right to proclaim our beliefs

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