Background
In 1965 two Dos Moines, Iowa residents, John and Mary Beth Tinker wore black armbands to school, these armbands symbolized their "protest" against the Vietnam War. Their school did not permit these armbands in school but the two Tinkers wore them anyway. School officials asked both the Tinkers to take off the bracelets but they refused this resulted in the suspension from school until they agreed to not wear the armbands. The Tinkers then sued the school district in the U.S District Court in the belief the school violated their right to free speech. (Symbolic Speech) The District Court decided against the Tinkers. The Tinkers appealed their case to the US Court of Appeals for the Eighth Circuit but they also decided against the Tinkers also. The Tinkers then appealed their case to the U.S Supreme Court.
Breaching Rights
The Tinkers claim was that they had the right to wear the armbands due to the First Amendment. School officials claimed wearing the armbands were "disruptive speech".
What is my right?
Justice Hugo Black's dissent included: "First, the Court concludes that the wearing of armbands is "symbolic speech" which is "akin to 'pure speech'" and therefore protected by the First and Fourteenth Amendments. Secondly, the Court decides that the public schools are an appropriate place to exercise "symbolic speech" as long as normal school functions are not "unreasonably" disrupted."
"It is a myth to say that any person has a constitutional right to say what he pleases, where he pleases, and when he pleases"
Justice John M Harland II dissent included: "I think the record overwhelmingly shows that the armbands did exactly what the elected school officials and principals foresaw they would, that is, took the students' minds off their classwork and diverted them to thoughts about the highly emotional subject of the Vietnam war"
"It is a myth to say that any person has a constitutional right to say what he pleases, where he pleases, and when he pleases"
Justice John M Harland II dissent included: "I think the record overwhelmingly shows that the armbands did exactly what the elected school officials and principals foresaw they would, that is, took the students' minds off their classwork and diverted them to thoughts about the highly emotional subject of the Vietnam war"
Decision
Decision Date: February 24, 1969
The US Supreme Court ruled in favor of the Tinkers in a 7-2 decision.
The U.S Supreme Court ruled that wearing the armbands was a right that could be exercised even in a public school.
The US Supreme Court ruled in favor of the Tinkers in a 7-2 decision.
The U.S Supreme Court ruled that wearing the armbands was a right that could be exercised even in a public school.