The Supreme Court Justices that ruled on Tinker vs. Des Moines
Wednesday, March 24, 2010
Mary Beth and John TinkerTHE QUESTION OF THE CASE
The amendment in question was the First Amendment. The student's protest was a non-violent expression of their beliefs, which is protected under the amendment. However, the school administrators felt that the protest would cause disruptions in the school. The gray area in this case is the fact that the expression was symbolic instead of spoken. The Amendment States "Congress shall make no law... abridging the freedom of speech." The type of speech is undefined, leaving room for hate speech against an individual or group to be protected. The amendment also fails to define what expressive actions are considered speech. This uncertainty and the plaintiffs' claims that their rights had been violated are the reasons why the case was put before the Supreme Court.
Basic Timeline
December, 1965- Tinkers and Echardt plan to wear protest bands to school.
-School issues policy against armbands.
-Tinker and friend wear armbands to school and are suspended.
January, 1966- Tinkers and friend return to school.
-Father's file suit at District court.
-Court recognizes first amendment right, but does not order injunction against policy.
-Appealed to Iowa appellate court, tie vote allows decision to stand.
1968- US Supreme court decides to hear Tinker Case.
1969- Supreme Court rules that the protest was acceptable and could not be stopped.
December, 1965- Tinkers and Echardt plan to wear protest bands to school.
-School issues policy against armbands.
-Tinker and friend wear armbands to school and are suspended.
January, 1966- Tinkers and friend return to school.
-Father's file suit at District court.
-Court recognizes first amendment right, but does not order injunction against policy.
-Appealed to Iowa appellate court, tie vote allows decision to stand.
1968- US Supreme court decides to hear Tinker Case.
1969- Supreme Court rules that the protest was acceptable and could not be stopped.
Case Summary
The Tinkers were public school students in Des Moines, Iowa in 1965. The two siblings, John and Mary Beth, were members of a group which was protesting United States involvement in the Vietnam War. As part of the protest the Tinkers decided to wear black armbands to school as a statement against American involvement. The schools found out about the protester's plans and instated a policy against all armbands. Students would be asked to remove armbands or leave school until they removed them.
The Tinkers and a friend named Christopher Echardt wore the armbands anyway, and were suspended until they removed them. They remained out of school until January 1, 1966, which was the end of the protest. Their fathers filed a suit in U.S. District court asking for money for damages and asking to prohibit the school from enforcing the armband policy. The district court recognized the students' first amendment rights, but did not order the injunction against the policy because the court claimed that the school had reasonable cause to prevent potential disruptions. The case was appealed at the state level where a tie vote allowed the ruling to stand. The case was then taken to the Supreme Court where the ruling was overturned.
The Tinkers and a friend named Christopher Echardt wore the armbands anyway, and were suspended until they removed them. They remained out of school until January 1, 1966, which was the end of the protest. Their fathers filed a suit in U.S. District court asking for money for damages and asking to prohibit the school from enforcing the armband policy. The district court recognized the students' first amendment rights, but did not order the injunction against the policy because the court claimed that the school had reasonable cause to prevent potential disruptions. The case was appealed at the state level where a tie vote allowed the ruling to stand. The case was then taken to the Supreme Court where the ruling was overturned.
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