tinker v. des moines
Year: 1969
Result: 7-2, favor Tinker
Related Constitutional issue/Amendment: 1st Amendment (Freedom of Speech)
Civil rights or Civil liberties: Civil liberties
Significance/precedent: The Court allowed black armbands to be worn in protest of the Vietnam War. The armbands were protected under the 1st Amendment as forms of expressive, or symbolic, speech.This form of political expression did not cause any disturbance to the educational environment of the school, nor did it infringe on the rights of other students. The Court's ruling in this case boosted student's 1st Amendment rights in school, as long as the exercise of the aforementioned rights was not disruptive.
Quote from majority opinion: “...He may express his opinions, even on controversial subjects like the conflict in Vietnam, if he does so without 'materially and substantially interfer[ing] with the requirements of appropriate discipline in the operation of the school' and without colliding with the rights of others...They wore it to exhibit their disapproval of the Vietnam hostilities and their advocacy of a truce, to make their views known, and, by their example, to influence others to adopt them. They neither interrupted school activities nor sought to intrude in the school affairs or the lives of others. They caused discussion outside of the classrooms, but no interference with work and no disorder. In the circumstances, our Constitution does not permit officials of the State to deny their form of expression.”
Summary of dissent: The student's armbands did in fact disrupt the learning environment by distracting students, illiciting mocking comments from other students, and causing student's focus to be diverted towards discussion on the topic of the Vietnam War. School officials should not need to give control of the public schools to public school students and allow them to use "the schools, at their whim, as a platform for the exercise of free speech".
6-word summary: Non-disruptive symbolic speech, permitted in schools
Result: 7-2, favor Tinker
Related Constitutional issue/Amendment: 1st Amendment (Freedom of Speech)
Civil rights or Civil liberties: Civil liberties
Significance/precedent: The Court allowed black armbands to be worn in protest of the Vietnam War. The armbands were protected under the 1st Amendment as forms of expressive, or symbolic, speech.This form of political expression did not cause any disturbance to the educational environment of the school, nor did it infringe on the rights of other students. The Court's ruling in this case boosted student's 1st Amendment rights in school, as long as the exercise of the aforementioned rights was not disruptive.
Quote from majority opinion: “...He may express his opinions, even on controversial subjects like the conflict in Vietnam, if he does so without 'materially and substantially interfer[ing] with the requirements of appropriate discipline in the operation of the school' and without colliding with the rights of others...They wore it to exhibit their disapproval of the Vietnam hostilities and their advocacy of a truce, to make their views known, and, by their example, to influence others to adopt them. They neither interrupted school activities nor sought to intrude in the school affairs or the lives of others. They caused discussion outside of the classrooms, but no interference with work and no disorder. In the circumstances, our Constitution does not permit officials of the State to deny their form of expression.”
Summary of dissent: The student's armbands did in fact disrupt the learning environment by distracting students, illiciting mocking comments from other students, and causing student's focus to be diverted towards discussion on the topic of the Vietnam War. School officials should not need to give control of the public schools to public school students and allow them to use "the schools, at their whim, as a platform for the exercise of free speech".
6-word summary: Non-disruptive symbolic speech, permitted in schools