Tinker vs Des Moines (1969)
Details of the Case: Three children decided that since their parents were protesting the Vietnam War that they would do the same by wearing black armbands to school. The Des Moines school district said that any children that wore these armbands to school would face suspension if after they were asked to remove them they did not do so. The school district believed that this sort of protest would provoke the students. When the three children wore the armbands to school around the Christmas holiday, they were asked to remove them and refused, so they were suspended until after New Year's Day.
Decision and Justification: 7 votes for Tinker, 2 votes against. The court ruled that the children had the right to free speech and that since the school district had failed in specifying how wearing these armbands would disrupt school discipline that the children had the right to wear them.
Lasting Effect: Children to this day have the right to symbolic speech in school as long as it does not interfere with appropriate school discipline or the learning process.
This was a silent protest and did not disrupt other students or classes.
Decision and Justification: 7 votes for Tinker, 2 votes against. The court ruled that the children had the right to free speech and that since the school district had failed in specifying how wearing these armbands would disrupt school discipline that the children had the right to wear them.
Lasting Effect: Children to this day have the right to symbolic speech in school as long as it does not interfere with appropriate school discipline or the learning process.
This was a silent protest and did not disrupt other students or classes.