Transcript Tinker v. des Moines (1969)

By: Courtney Pillow
www.uscourts.gov
Plaintiffs

Mary Beth
Tinker

John F. Tinker

Christopher
Eckhardt
Defendant

13 yrs.
http://www.glogster.com
15 yrs.
16 yrs.
Des Moines
Independent
Community
School District
A meeting was held at the Eckhardt home in December 1965 to discuss ways to protest
the Vietnam War. This resulted in the wearing of black armbands with “peace signs” on
them throughout the Christmas and new year holidays to mourn the Americans who
had died
The principals of the middle and high school heard about the protest and passed a rule
at school that said “any student wearing an armband…would be asked to remove it, and
if he refused he would be suspended until he returned without the armband” because
they thought the bands would disturb the peace of the school
The Tinkers decided to take the risk and wear the armbands. They were suspended and
did not return until after the new year. Their parents were outraged and decided to
(with the help of Iowa and American Civil Liberties Union) sue the school district on the
grounds that the students’ First Amendment rights were being violated
The Tinkers filed the complaint under the § 1983 of Title 42 of the United States Code.
The United States District Court of Southern Iowa had original jurisdiction. The judge
ruled that the school acted “reasonable in order to prevent disturbance of school
discipline”
The plaintiffs appealed to the Court of Appeals for the Eighth Circuit in St. Louis,
Missouri
1. First Amendment and Free Speech
Clause - all people have the right to
express themselves without
censorship if it does not harm anyone
else
2. Due Process Clause of the
Fourteenth Amendment - describes
the obligation of all states to the
unnamed rights of American citizens
The judges were split 4 to 4. Therefore,
the District Court’s decision was
upheld.
mrspencer.info
 In November of 1968, the Supreme
Court agreed to hear the Tinker case
o Dealt with the First Amendment rights of
students in school which is extremely
important
 On February 24, 1969, the Tinkers
stood in front of the Supreme Court
to hear the verdict on their case
 The outcome of the case was a vote of 7 to 2 in
favor of the Tinkers
www.east-buc.k12.ia.us
Justice Abe Fortas wrote the
majority decision:
 Mr. Justice Potter Stewart and Mr.
“First Amendment rights…are available to
teachers and students. It can hardly be
argued that either students or teachers shed
their constitutional rights to freedom of
speech or expression at the schoolhouse
gate”
White wrote that:
Justice Byron White concurred
“While I join the Court's opinion, I deem it
appropriate to note…that the Court
continues to recognize a distinction
between communicating by words and
communicating by acts…”
 Justice Hugo Black wrote the
dissenting opinion:
 “There is…evidence that a
teacher…had his lesson period
practically "wrecked" chiefly by
disputes with Mary Beth Tinker, who
wore her armband…this armband did
divert students' minds from their
regular lessons…”
 Justice John Harlan also agreed:
 He believed that the decisions of a
school system should not
 “surrender control of the American
public school system to public school
students.”
 “As a result of the decision in our
case, it is clear that students do have
a right to non-disruptively express
their opinions in school.” – John
Tinker
 Used to help decipher Bethel School
District v. Fraser (1986), a case about
a speech during a student assembly
that contained inappropriate
material
 Referenced in 2013 case regarding
breast cancer awareness bracelets
handed out during school with a
disreputable message written on
them
http://usnews.nbcnews.com/
Works Cited
"The Appeals Process." USCOURTSGOV RSS. United States Courts; Internet Accessed 18 Nov. 2013.
"First Amendment Schools: The Five Freedoms - Court Case." First Amendment Schools: The Five Freedoms - Court Case. First Amendment Center,
18 Nov. 2013; Internet Accessed 19 Nov. 2013.
"Frequently Asked Questions - Supreme Court of the United States." Frequently Asked Questions - Supreme Court of the United States; Internet
Accessed 18 Nov. 2013.
Lewis, Jerry M., and Thomas R. Hensley. "The May 4 Shootings at Kent State University: The Search For Historical Accuracy." The Ohio Council for the
Social Studies Review ; Internet Accessed 18 Nov. 2013.
"Repesentative Dan Johnston." The Iowa Legislature; Internet Accessed 19 Nov. 2013
"Statistical Information about Fatal Casualties of the Vietnam War." National Archices. Military Records; Internet Accessed 18 Nov. 2013.
Tinker, John. "Rights Matter: the story of the Bill of Rights." Rights Matter: the story of the Bill of Rights. American Civil Liberties Union of
Massachusetts. 2006; Internet Accessed 19 Nov. 2013
Tinker, Mary Beth. "What a Black Armband Means, Forty Years Later." Weblog post. Blog of Rights. American Civil Liberties Union, 24 Feb. 2009;
Internet Accessed 18 Nov. 2013.
United States of America. Superme Court of the United States. No. 21 SUPREME COURT OF THE UNITED STATES 393 U.S. 503. N.p.: n.p., n.d. Tinker v.
Des Moines School District (1969); Internet Accessed 18 Nov. 2013.
Picture Refrences
"'Boobies' Bracelet Battle Could Be Bound for Supreme Court." NBC News. N.p., n.d. Photograph. 27 Nov. 2013.
Tinker vs. Des Moines. 1969. Photograph. Glogster. 2011. Web. 25 Nov. 2013.
Tinker v. Des Moines Independent School District (1969). N.d. Photograph. Mrspencerinfo. Web. 26 Nov. 2013.
Tinker v. Des Moines Podcast. N.d. Photograph. USCOURTSGOV RSS. Web. 24 Nov. 2013.
Tinker vs. Des Moines School District. N.d. Photograph. Tinker vs. Des Moines School District. Web. 27 Nov.
2013.