Tinker v Des Moines: Paving the Way for Student Protest
Tinker v Des Moines is a case that paved the way for students to protest. It established that students have constitutional rights at public schools that educators and school officials cannot infringe upon without due process of law.
Background of the Case
In December 1965, five high school students in Des Moines, Iowa, planned a demonstration to express their opposition to the Vietnam War. They decided to wear black armbands with the word “peace” written on them. The principals of the Des Moines Independent Community School District learned about the group’s plans and created a policy that prohibited any student from wearing armbands on school property. The Tinker and Eckhardt families filed a lawsuit against the school district, arguing that their First Amendment freedoms of speech were violated.
Supreme Court Ruling
The Supreme Court heard the case and ruled in favor of the Tinker and Eckhardt families. The case has become a foundational precedent on protecting students’ free speech rights in public schools, and it has since been cited in numerous other cases.
Importance of Studying Tinker v Des Moines
Studying Tinker v Des Moines offers students an opportunity to examine the role of students at critical times in history and to think about their impact on politics in our time. They will also learn about how their First Amendment rights are protected in the U.S.
Young People's Voice in a Democratic Country
Introduction: The United States is a democratic country that provides many opportunities for young people to voice their opinions. While many of these expressions may be controversial or even illegal, they are often a voice for social justice.
Examples of Student Protests
One of the most famous student protests is the Black Lives Matter movement that has inspired countless young people to stand up for racial justice. Another is the recent student walkouts in response to the school shooting at Marjory Stoneman Douglas High School in Florida.
Overview of the Tinker v Des Moines Case
In December 1965, five students at Warren Harding Junior High in Des Moines, Iowa, decided to wear black armbands with the words “peace” written on them to express their opposition to the Vietnam War. The students were sent home and suspended from school for their actions, which the school defended as a way to prevent disruptions on campus.
The ACLU and the Tinker and Eckhardt families appealed their cases to the U.S. Supreme Court, arguing that their students’ freedom of speech was violated. After the school district lost its appeal, the Tinker and Eckhardt families filed suit against the school.
At the Supreme Court, they challenged the school’s suspension of their students for wearing armbands on school property as a form of political expression. They argued that the armbands were symbolic speech and were therefore protected by the First Amendment.
The Court ruled in their favor, finding that the armbands were symbolic and therefore protected by the First Amendment. They also held that the students did not lose their First Amendment rights when they stepped on school property. This was a major victory for the American Civil Liberties Union and the Tinker and Eckhardt families. This decision remains a landmark in the field of First Amendment law, as it has been cited in many later school free speech cases that address more violent and vulgar forms of expression on campus.
