Tinker v Des Moines
Children of the Tinker family decided to wear black armbands to school in the winter of 1965 to protest the Vietnam War. However, now aware of the plan, the schools decided to punish students that wore these wristbands and refused to take them off with suspensions. The Tinker family sued the school district, expressing their frustration of not having their guaranteed freedom of expression, and eventually the case was sent to the Supreme Court. The question was, did the protest through the armbands violate the First Amendment rights?
Breakdown Verdict.
A 7-2 decision in favor of the Tinker family determined that the armbands were simply an exercise of free speech and expression. Individual rights of speech and expression were not severely limited just because the children were in a school. Justice Abe Fortas wrote the majority opinion, remarking that by and large only a “material and substantial disruption” would call for school intervention in student conduct.
Result Going Forward.
Tinker v Des Moines paved the way for student rights in school buildings, with the common disagreement being whether schools can be both a place of education and activism simultaneously. Other cases also interpreted the premise of individual liberties vs public safety in school settings, such as New Jersey v TLO.
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