TINKER V. DES MOINES

DATES

• First began in December 1965
• Final decision was made on February 24, 1969

JUSTICES

• Earl Warren
• William O. Douglas
• William J. Brennan, Jr.
• Potter Stewart
• Thurgood Marshall

JUSTICES

• Byron R. White
• Abe Fortas
• Hugo L. Black
• John M. Harlan

CHIEF JUSTICE

• Earl Warren
• Appointed by President Dwight D. Eisenhower
• Commissioned on Friday, October 2, 1953
• Left office Monday, June 23, 1969
• Length of Service: 15 years, 8 months, 18 days

What it was about

Students decided to wear black arm bands to school in support of a truce in the Vietnam war and we're sent home from school when the school officials learned of why the students were wearing the arm bands and it was brought to court because it was seen as the school taking away the students freedom of speech

LAWYERS

• Dan L. Johnston argued the cause for petitioners.
• Allan A. Herrick argued the cause for respondents.

Majority opinion

In a 7-2 decision, the Supreme Court ruled in favor of the Tinkers. Justice Fortas wrote the majority opinion, ruling that students retain their constitutional right of freedom of speech while in public school.

Dissenting Opinion

Justice Black acknowledged that while the content of speech generally cannot be regulated or censored, “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.” According to Justice Black, the Tinkers’ armbands did indeed cause a disturbance by taking students’ minds off their class work

WHAT STATE DID IT START IN?

• Des Moines, Iowa

APPEALED

• The District Court dropped the case
• It was appealed again in the US. Court of Appeals