Tinker V Moines Case Study

The case of Tinker v. Des Moines argues the rights of students to the freedom of symbolic speech within the school system. In protest of America’s violent efforts and hostile influence in the Vietnam War, several adults and students planned and organized protests. Those interested in supporting a truce in the war made a decision to wear black armbands to promote their disdain towards the military’s involvement. Des Moines district officials soon gained knowledge of the event. Despite the allowance of several other symbols, armbands were quickly banned within the school grounds. Any attempts to further the execution of the protest were threatened with suspension. While most heeded the school system in its decision, three grade school students, John F. Thinker, Christopher Eckhardt, and Mary Beth Tinker, continued on with …show more content…
The case vote was ruled 7-2 in the favor of the children. The Supreme Court overturned the decision of the lower court on the basis that “students don’t shed their constitutional rights at the school house gates”. The act of the children wearing the armbands in protest was completely passive and led to no disturbance to the school’s activity. Despite the prior sidings of the lower courts with the school board, the Supreme Court recognized that the children’s suspension was not justified with the actions they performed. Cases such as Meyer v. Nebraska, Bartels v. Iowa, et cetera that argued the first amendment rights of students in situations concerning school environments were drawn on to support the final holding of the Supreme Court’s decision. In reference to Burnside v. Byarwars, in order to justifiably prohibit the wear of the armbands the action must have led to forbidden conduct of some sorts. The Supreme Court highlighted that despite the district court’s views, “undifferentiated fear or apprehension” was not grounds enough to “overcome the right to freedom of expression” in any

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