Tinker v. Des Moines (1969) 393 U.S. 503 By Christian Daviduk and Dalton Reed

What is the constitutional issue with the case Is symbolic speech protected by the First Amendment in schools? Who were the parties involved in the case? The Tinker family of Des Moines, Iowa, supported by the Iowa Civil Liberties Union and the American Civil liberties Union. The Des Moines Independent Community school board, specifically the principals. When and where did the case take place? Argued in district court, 8th circuit prior to Supreme Court Argued in Supreme Court 12th November 1968 Decided 24th February 1969 What events occurred prior to the trial? The Tinker children and their friend, Christopher Eckhardt, wore black armbands in silent protest of the Vietnam War, the school principals, upon learning of this, had the children expelled. No suit was filed until t3eh Tinkers had support of the ICLU and ACLU. District Court, 8th circuit, caused Tinkers to appeal to Supreme Court directly.

Historical Context What was happening in the world that this case needed to be tried? The Vietnam War which was a major event in the cold war in which the U.S. fought to stop the spread of Communism. The Red Scare was also prominent, being the fear of the spread of Communism to Capitalist societies like the U.S.

Rule 7-2 in favor of Tinker, et al. Court’s Decision Rule 7-2 in favor of Tinker, et al. Dissenting Opinion: Justices Hugo Black and John M. Harlan II dissented. Black, who had long believed that disruptive "symbolic speech" was not constitutionally protected, wrote, "While I have always believed that under the First and Fourteenth Amendments neither the State nor the Federal Government has any authority to regulate or censor the content of speech, I have never believed that any person has a right to give speeches or engage in demonstrations where he pleases and when he pleases." Black argued that the Tinkers' behavior was indeed disruptive and declared, "I repeat that if the time has come when pupils of state-supported schools, kindergartens, grammar schools, or high schools, can defy and flout orders of school officials to keep their minds on their own schoolwork, it is the beginning of a new revolutionary era of permissiveness in this country fostered by the judiciary." Harlan dissented on the grounds that he "[found] nothing in this record which impugns the good faith of respondents in promulgating the armband regulation." (Wikipedia) Majority Opinion: The First Amendment rights apply to schools, and that administrators would have to demonstrate constitutionally valid reasons for regulation of speech in the classroom. The Court found that the Tinkers did not interfere with classroom operations by their use of silent protest, and that such protest was protected by the First Amendment

Personal standpoint How do you feel about the ruling? Why? We feel as though the ruling was fair and the school did not have the right to tell the students that they should not wear the armband. Our first amendment guarantees our right to freedom of speech and expression. A student should not have to face punishment for expressing a personal opinion.

11. Describe significance of other court cases related to your case Identify the immediate impact as well as long-term impact on society from this case. Why this case is considered “Landmark”? This court case like many others set the foundation to speak out and exercise our first amendment. Although the immediate impact of the court's ruling let the students exercise the right of freedom of speech and allowed them to wear the armband the long term effect set an example on what a peaceful and successful protest looks like.