Supreme Court Decisions Major Decisions-Tinker v Des Moines

Major Decisions-Tinker v Des Moines

Major Decisions-Tinker v Des Moines

Tinker v. Des Moines is a landmark Supreme Court case that involved the First Amendment rights of public school students. The case arose in 1965 when several students in Des Moines, Iowa, decided to wear black armbands to school as a form of protest against the Vietnam War. The school board responded by enacting a policy that prohibited students from wearing such armbands on school grounds. This policy led to a legal battle that ultimately reached the Supreme Court.

Background

In early 1965, a group of students in Des Moines decided to wear black armbands to school as a form of protest against the Vietnam War. This protest was organized by Mary Beth Tinker, her brother John Tinker, and their friend Christopher Eckhardt. The students wanted to express their opposition to the war and show solidarity with those who had died or been injured in the conflict.

The school board was aware of the planned protest and decided to enact a policy that would prohibit students from wearing these armbands. The school board’s reasons for this policy included concerns about potential disruptions to the school and the need to enforce a dress code. The students were informed of this policy and were warned that they would face disciplinary action if they continued to wear the armbands.

Legal Battle

Mary Beth Tinker and her brother John Tinker, along with Christopher Eckhardt, decided to sue the school board in a case that came to be known as Tinker v. Des Moines. They argued that the school board’s policy violated their First Amendment rights to freedom of speech and expression.

The case went to trial, and a federal district court ruled in favor of the school board. The students then appealed to the United States Court of Appeals for the Eighth Circuit, which also ruled in favor of the school board. The case ultimately reached the Supreme Court, which heard arguments in November 1968.

Supreme Court Decision

In a landmark decision, the Supreme Court ruled in favor of the students in a 7-2 decision. The Court held that students do not lose their constitutional rights when they enter a public school. The Court further held that the school board’s policy violated the students’ rights to freedom of speech and expression. The Court stated that the school board’s reasons for the policy, such as maintaining order and discipline, were not sufficient to justify the infringement of the students’ First Amendment rights.

The Court’s decision in Tinker v. Des Moines established an important precedent for protecting the free speech rights of public school students. The case has been cited in numerous subsequent cases that have addressed the issue of student rights and free speech in schools.

In conclusion, Tinker v. Des Moines is a landmark Supreme Court case that established the free speech rights of public school students. The case serves as a reminder of the importance of protecting the First Amendment rights of all individuals, including students in public schools. The ruling in Tinker v. Des Moines had far-reaching implications and has been cited in numerous subsequent cases that address the issue of student rights and free speech in schools.


Tinker v. Des Moines would prove to be a reflection of the era in which it was tried by the Supreme Court. The Civil Rights Movement was reaching a heated pitch and the Vietnam War was being protested by many throughout the country.

Protests and rallies were all being held in order to show the discontent with the United States’ involvement in Vietnam and most were avid supporters of the First Amendment and the civil liberties guaranteed under the Constitution’sBill of Rights. Tinker v. Des Moines would directly be a product of the occurrences of the revolutionary 1960s.

Tinker v. Des Moines was a Supreme Court case that would once again deal with the application of the Constitution’s First Amendment rights granted to citizens of the United States. The case revolves around a group of teenagers wearing black armbands with a peace symbol embedded within in protest of the Vietnam War. The School Board was informed of the practice and banned the wearing of such armbands in school.

Certain students, among them John and Mary Beth Tinker decided to violate the policy, which subsequently got them both, along with other students, suspended from their respective schools. The matter was tried in various State courts, with each judgment being ruled in favor of the Des Moines School Board. The Tinkers had no other choice
than to bring the matter before the United States Supreme Court. Presiding over the case was Chief Justice Earl Warren, which would eventually help overrule the State of Iowa’s decisions to uphold the actions of the Des Moines School Board.

It was decided that such a penalty to be imposed upon students would be in violation of the Freedom of Speech Clause of the First Amendment. Furthermore, the Supreme Court held that the First Amendment applied to public schools and their students. Any type of
censorship that is sought on behalf of the school boards would have to provide for a Constitutionally-valid reason or purpose. Even though the protest in question in the Tinker v. Des Moines case does not actually involve a verbal speech, the wearing of the armband is considered as symbolic speech and is protected under the First Amendment.

The Supreme Court ruled that in order for the restriction of free speech to be Constitutional, it must provide for that speech to be disruptive to the function of the school and/or interfere with other students’ rights. Censoring free speech on the basis that it is unpopular or causes discomfort is not grounds to restrict the Freedom of
Speech. Even though the Court rendered that the freedom of the speech was to be upheld in public schools, there were those on behalf of the minority involved in the decision that disagreed with the ruling.

They believed that if the students were given more freedoms on school grounds, that it would eventually, defeat the educational purposes of a school facility due to the the disruption caused by students exercising Freedom of Speech rights without control. Regardless, the First Amendment rights to students were upheld in the Tinker v. Des Moines case.