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CASE ANALYSIS
Tinker v. Des Moines Independent Community School Dist.
This case occurred in 1965 and is a landmark case for student freedom of symbolic speech
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FACTS ABOUT THE CASE
- "Three public school pupils in Des Moines, Iowa, were suspended from school for wearing black armbands to protest the Government's policy in Vietnam."
- "The principals ... met and adopted a policy"that banned " any student wearing an armband to school ("Tinker v. Des Moines Independent Community School Dist.," n.d.)."
The students in this case were suspended for violating a policy that was created by administrators at the school when they found out the students were planning to wear black arm bands to protest the Vietnam War. The policy said that any student with the ban "would be asked to remove it, and, if he refused, he would be suspended until he returned without the armband. (Tinker v. Des Moines Independent Community School District, n.d.)
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FACTS ABOUT THE CASE
- "On December 16, Mary Beth and Christopher wore black armbands to their schools. John Tinker wore his armband the next day. They were all sent home and suspended ("Tinker v. Des Moines Independent Community School Dist.," n.d.)."
The plaintiffs in this case were the Tinkers. They refused to take off the armbands and were suspended. Their parents brought the suspension to the district courts and sued the school district.
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Legal Question:
Do the First Amendment rights of free speech extend to symbolic speech by students in public schools? And, if so, in what circumstances is that symbolic speech protected? ("Landmark Cases of the U.S. Supreme Court," n.d.)
This case deals with the 14th and 1st amendment of the constitution.
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LEGAL HISTORY OF THE CASE
- 1966 U.S. District Court upheld the Adminstrator policy
- 1967 US Court of Appeals had tie vote so ruling stood
- 1969 "7-2 decision, the Supreme Court ruled in favor of the Tinkers ("Landmark Cases of the U.S. Supreme Court," n.d.)"
The case was tried and appealed before making it to the supreme court. The Supreme court reversed the original ruling making a statement about the rights of student to freedom of symbolic speech.
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RULINGS
- "In these circumstances, their (the students) conduct was within the protection of the Free Speech Clause of the First Amendment and the Due Process Clause of the Fourteenth ("Tinker v. Des Moines Independent Community School Dist.," n.d.)."
The court ruled in favor of the tinkers and had three rationales for the ruling.
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RATIONALE
- "1. In wearing armbands, the petitioners were quiet and passive. They were not disruptive, and did not impinge upon the rights of others ("Tinker v. Des Moines Independent Community School Dist.," n.d.)."
The judges felt that the wearing of the armband did not disrupt the learning of others in the school.
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RATIONALE CONTINUED...
- 2."First Amendment rights are available to teachers and students, subject to application in light of the special characteristics of the school environment ("Tinker v. Des Moines Independent Community School Dist.," n.d.)."
They upheld that students and teachers still have freedom of speech even when inside a public school. The judges "reasoned that neither “students (n)or teachers shed their constitutional rights to freedom of speech or expression at the schoolhouse gate ("Landmark Cases of the U.S. Supreme Court," n.d.).”
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RATIONALE CONTINUED...
- "3. A prohibition against expression of opinion, without any evidence that the rule is necessary to avoid substantial interference with school discipline or the rights of others, is not permissible under the First and Fourteenth Amendments ("Tinker v. Des Moines Independent Community School Dist.," n.d.)."
The judges understood the need to keep order inside of a school. they also believe that rules made to keep order must be made with evidence that infractions are actually disturbing the school. Schools cannot limit the speech of students or teachers without evidence that their speech causes a disturbance to learning.
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MAJORITY OPINION:
- "The District Court recognized that the wearing of an armband for the purpose of expressing certain views is within the Free Speech Clause of the First Amendment"
- "There is no indication that the work of the schools or any class was disrupted ("Tinker v. Des Moines Independent Community School Dist.," n.d.)."
The majority opinion sided with the Tinkers and protected their freedom to express their beliefs since their actions did not disrupt work in the school.
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CONCURRING
- "Although I agree with much of what is said in the Court's opinion...I cannot share ... the First Amendment rights of children are coextensive with those of adults."
- The Court needs to continue "to recognize a distinction between communicating by words and communicating by acts or conduct which sufficiently impinges on some valid state interest ("Tinker v. Des Moines Independent Community School Dist.," n.d.)."
5 of the judges concurred with the court ruling. One did have a reservation with the idea that students and adults have the same first amendment rights. Another justice wanted it to be known that there are cases where free speech could impact the learning in a school negatively even though this case did not have that impact.
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DISSENTING
- "The Court clearly stated that the rights of free speech and assembly "do not mean that everyone with opinions or beliefs to express may address a group at any public place and at any time."
- "I deny, ... that "students" and "teachers" take with them into the "schoolhouse gate" constitutional rights to "freedom of speech or expression ("Tinker v. Des Moines Independent Community School Dist.," n.d.)."
The dissenting judges did not feel that everyone should be able to express their opinion at anytime or anywhere. They especially found this true in a school where he believed that students and teachers do not have full first amendment rights.
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IMPLICATIONS:
- Student's right to "symbolic speech" is protected in public schools as long as it does not disrupt student learning or cause an unsafe learning evnironment
This case is referred to in many cases involving student free speech rulings. "Stephenson v. Davenport Community School District" had a female student suspended for a tattoo that they believed could be gang related. Her appeal was won and found the school to have violated her first amendment right("Gangs, Tattoos, and Symbolic Speech," n.d.).
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DISPOSITION OF THE CASE:
- "We express no opinion as to the form of relief which should be granted, this being a matter for the lower courts to determine. We reverse and remand for further proceedings consistent with this opinion."
- "DISPOSITION: 383 F.2d 988, reversed and remanded. [504]("Tinker v. Des Moines Independent Community School Dist.," n.d.)."
The court ruled in favor of the Tinkers but they did not decide on the relief given to the plaintiffs. They reversed an remanded the case, which means they sent it back to the lower courts for them to determine the relief that would be given to the Tinkers.
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