Tinker+v+Des+Moines+School+District

**Full Case Name:**
//John F. Tinker and Mary Beth Tinker, minors, by their father and next friend, Leonard Tinker and Christopher Eckhardt, minor, by his father and next friend, William Eckhardt v. The Des Moines Independent Community School District, et al.//

**Important Dates:**
Argued: November 12th, 1968 Decided: February 24th, 1969

**Premise:** This case defined the constitutional rights of students in U.S. public schools. The //Tinker// test is still used by courts today to determine whether a school's disciplinary actions violate students' First Amendment rights.

**Background:**
Three public school students, in Des Moines, Iowa were suspended for wearing black armbands protesting the Vietnam war. In response, they sued the school for nominal damages and an injunction against a regulation the students had violated by wearing the armbands.

The students were quiet and passive, they were not disruptive or infringing on the rights of others. Their conduct was well within the Free Speech Clause of the First Amendment and the Due Process Clause of the Fourteenth Amendment. The First Amendment rights are available to teachers and students, with some subject to the special characteristics of the school environment. Prohibiting the expression of opinion, without any evidence of the rule being necessary to avoid substantial interference with school discipline or the rights of others, is NOT PERMISSIBLE.

**Opinion of the Court:** Delivered by Justice Fortas. " The District Court concluded that the action of the school authorities was reasonable because it was based upon their fear of a disturbance from the wearing of the armbands. But, in our system, undifferentiated fear or apprehension of disturbance is not enough to overcome the right to freedom of expression." As the students' only deviation from routine was wearing a black band of cloth no more than two inches wide to display their opinion, the officials of the State (the school administrators) had no right to deny their expression.


 * Concurring Opinion: ** Given by Justice Stewart. He disagrees that school discipline aside, the rights of children are co-extensive with those of adults.


 * Concurring Opinion: ** Delivered by Justice White. He doesn't agree with everything the Court of Appeals referenced to in its opinion on //Burnside c. Byars.//
 * Dissenting Opinion: ** Given by Justice Black. While there was no outright disruption, there were still responses from other students that were detrimental to the learning environment. He thinks too much power is being given to the students to dissent from the administration.


 * Dissenting Opinion:** Delivered by Justice Harlan. As the school administrators were motivated by legitimate school concerns, this would be appropriate.

 Tedford, T. L. & Herbeck, D. A. (2009). Tinker v. Des Moines Independent Community School District. Retrieved from []