T-Shirts & Free Speech Drake University EDL 276.

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T-Shirts & Free Speech Drake University EDL 276

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Tinker v. Des Moines (1969) What happened DECISION Students wore black arm bands protesting Vietnam War, they were suspended DECISION A student does not shed his rights at the door. Black armbands to protest the Vietnam War can be worn since they are not disruptive.

Copyright © Allyn & Bacon 2008 Dress and Appearance Student dress as a form of free expression is not viewed as significantly as most other forms of free expression. There is, however, a first amendment freedom associated with it. Copyright © Allyn & Bacon 2008

Controversial Slogans Slogans worn on T-shirts, caps and other media that are in direct conflict with the school’s stated mission may be regulated. Those expressions which violate standards of common decency, contain vulgar, lewd and otherwise obscene gestures also may be regulated. Copyright © Allyn & Bacon 2008

Copyright © Allyn & Bacon 2008 Dress may be regulated if there is a defensible basis for doing so. However, school regulations that violate students’ right by being vague, ambiguous and failing to demonstrate a connection to disruption will not meet court scrutiny. Copyright © Allyn & Bacon 2008

Tinker v. Des Moines (1969) What happened Students (5) wore black arm bands protesting Vietnam War Principals created a policy banning the arm bands after they heard about the students intentions (suspension) Students knowingly violated the new policy and were suspended Students fathers filed the lawsuit against the Des Moines School District. The case was funded by the Iowa Civil Liberties Union and ACLU

Implications DECISION Iowa district court and 8th Circuit court held for the school district Supreme Court voted 7-2 for the students A student does not shed his rights at the door. Black armbands to protest the Vietnam War can be worn since they are not disruptive. School administrators have to demonstrate constitutionally valid reason for regulating student speech The “Tinker Test” is used today to determine whether a schools disciplinary actions violate students First Amendment free speech rights.