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Tinker v. Des Moines: Difference between revisions
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|date=February 24, 1969 | |date=February 24, 1969 | ||
|subject=First Amendment | |subject=First Amendment | ||
| | |facts=In December 1965, a group of students & parents protested the Vietnam War in Des Moines, Iowa, by wearing black armbands with peace signs on them. | ||
Des Moines banned armbands in public schools. | |||
Tinker and friends were anti-war activist teenagers. | |||
|procedural_history=Tinker, with help from [https://www.aclu.org/ ACLU], sued the school in federal court. The district court ruled that the ban on armbands was reasonable to prevent disturbance. | |||
|issues=Subject: Protecting Student’s [[1st Amendment]] Rights | |issues=Subject: Protecting Student’s [[1st Amendment]] Rights | ||
Does the [[First Amendment]] protect the free-speech rights of students in public schools? | |||
|holding=Yes. If the forbidden conduct doesn't materially & substantially interfere with appropriate discipline in the operation of the school, a prohibition of an expression of an opinion is un-[[Constitution of the United States|constitutional]]. | |||
|rule=The Tinker Test = substantial disruption test | |||
Tinker Standard is defined as "Under the First Amendment, public school officials can only suppress student speech that will materially and substantially disrupt the work and discipline of the school." according to [https://www.quimbee.com/keyterms/tinker-standard Quimbee]. | |||
|case_text_links={{Infobox Case Brief/Case Text Link | |case_text_links={{Infobox Case Brief/Case Text Link | ||
|link=https://landmarkcases.c-span.org/Case/24/Tinker-v.-Des-Moines | |link=https://landmarkcases.c-span.org/Case/24/Tinker-v.-Des-Moines | ||
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}}{{Infobox Case Brief/Case Text Link | }}{{Infobox Case Brief/Case Text Link | ||
|link=https://www.quimbee.com/cases/tinker-v-des-moines-independent-community-school-district | |link=https://www.quimbee.com/cases/tinker-v-des-moines-independent-community-school-district | ||
|case_text_source=Quimbee | |source_type=Video summary | ||
|case_text_source=Quimbee | |||
}}{{Infobox Case Brief/Case Text Link | }}{{Infobox Case Brief/Case Text Link | ||
|link=https://supreme.justia.com/cases/federal/us/393/503/ | |link=https://supreme.justia.com/cases/federal/us/393/503/ | ||
Latest revision as of 03:44, July 14, 2023
| Tinker v. Des Moines | |
| Court | Supreme Court of the United States |
|---|---|
| Citation | |
| Date decided | February 24, 1969 |
Facts
In December 1965, a group of students & parents protested the Vietnam War in Des Moines, Iowa, by wearing black armbands with peace signs on them.
Des Moines banned armbands in public schools.
Tinker and friends were anti-war activist teenagers.Procedural History
Tinker, with help from ACLU, sued the school in federal court. The district court ruled that the ban on armbands was reasonable to prevent disturbance.
Issues
Subject: Protecting Student’s 1st Amendment Rights
Does the First Amendment protect the free-speech rights of students in public schools?Holding
Yes. If the forbidden conduct doesn't materially & substantially interfere with appropriate discipline in the operation of the school, a prohibition of an expression of an opinion is un-constitutional.
Rule
The Tinker Test = substantial disruption test
Tinker Standard is defined as "Under the First Amendment, public school officials can only suppress student speech that will materially and substantially disrupt the work and discipline of the school." according to Quimbee.
