Tinker v. Des Moines Overview Tony Tompkins Period 9 Honors Overview To protest the Vietnam War Christopher Echardt along with John and Marybeth Tinker and two dozen other students decided to wear black arm bands to school. The principals of Des Moines School District felt this would cause disturbances and asked them to take them off or receive suspension. The students refused, resulting in suspension until after New Year’s Day. The parents of the children decided to sue and the case made its way to the Supreme Court

Key Arguments Public Schools are part of the government and have to uphold basic rights granted by the Constitution Freedom of speech is not an absolute right. The government can limit it in times to protect public safety. The Des Moines School District did not ban all expressions of political or controversy. The armbands did not interfere with the course of learning in school. (Passive Protest) Schools are places of learning and there is a possibility of students talking about issues of controversy.

Court Rulings District Court- Agreed with the school, saying that the policy of the armbands was acceptable to prevent disturbances in school. Appeals Court (8th District)- The court was at a tie so the District Court’s decision stood. Supreme Court- Agreed with the students. Stated the protest of the armbands was protected under the First Amendment. (Freedom of Speech)

Majority Opinion The protest was quiet and passive. They did not violate others’ rights so they were protected by the First Amendment. First Amendment rights are still in action to everyone, even in a school environment. A rule made to oppress opinions is not void because there was no evidence of interference in the school or other’s rights.

Importance of the Case Tinker v. Des Moines shows that students have the right to freedom of speech as granted to them in the First and Fourteenth Amendments. The First Amendment protects the students because it guarantees freedom of speech which includes the right of protest. The Fourteenth Amendment states that states cannot pass laws that reduce the rights of citizens. The school passing the armband policy broke this Amendment. This case solidifies the power of the Constitution and how citizens have rights that cannot be taken away by the government.