A Case Summary: Tinker V. Des Moines School District

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In the case, a fourteen-year-old boy named Jesse decided to protest the Afghanistan War. He wore a t-shirt that had a picture of the White House with the words “Weapon of Mass information.” The principal noticed the picture and comment that was on Jesse’s shirt and pulled him aside to tell him not to wear the shirt to school ever again because it was a disruption to the learning environment. Jesse decided to wear the shirt to school again the next day and was suspended for the next three days. The First Amendment rights of Jesse were violated because his freedom of speech wasn’t accounted for when he got suspended. When the principal suspended Jesse, they violated Jesse’s First Amendment rights because he had the right to wear a t-shirt …show more content…
Also, Justice Fortas says “It can hardly be argued that either students or teachers shed their constitutional rights to freedom of speech or expression at the schoolhouse gate” (Tinker v. Des Moines School District) This quote means that once you walk through the school doors, that your constitutional rights aren’t taken away. In Tinker v. Des Moines School District, The principal said that the armbands were disruptive and in the Jesse case, the principal says the same. Tinker still won the case, even though the principal states that the armbands were disruptive. The Tinker case proves that the principal’s word may not be true so even though the shirt was stated as disruptive, it may only be disruptive to the principal. On page 20 of 45 in the Upper Arlington Schools Student Handbook, it states, “Clothing may not include words or visuals that are lewd, obscene, disruptive, abusive, or discriminatory, or that advertise drugs, alcohol or tobacco.” The t-shirt was in the disruptive category but using the Tinker case, that statement may be false or the principal wanting to get Jesse to stop the
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