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Tinker v. De Moines

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9:16 pm
February 18, 2007


Ellilyo

posts 2

1

I was wondering if anyone had any information on the court ruling of Tinker v. De Moines. I want to use it for a speech I'm giving in English. The speech is about the First Amendment. Anything would be helpful.

10:15 pm
February 18, 2007


MiNi

posts 5375

2

From Everything2.com:

393 US 503 (1969)
Facts : John F. Tinker, 15 years old, and Christopher Eckhardt, 16 years old, attended high schools in Des Moines, Iowa. Mary Beth Tinker, John's sister, was a 13-year-old student in junior high school.

In December 1965, a group comprised of parents and students held a meeting at the Eckhardt home. They decided to display their objections to the hostilities in Vietnam and their support for a truce by wearing black armbands during the holiday season and by fasting on December 16 and New Year's Eve.

The principals of the Des Moines schools became aware of the plan to wear armbands. Administrators met and adopted a policy that any student wearing an armband to school would be asked to remove it, and if he refused he would be suspended until he returned without the armband. The students were aware of the regulation that the school authorities adopted.

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 from school until they would come back without their armbands. They did not return to school until after the planned period for wearing armbands had expired – that is, until after New Year's Day.

Issue : Do students have a constitutional right to wear arm bands in school as a form of symbolic speech to protest the Vietnam War.

Decision: The Supreme Court decided that the First Amendment rights applied because neither "students or teachers shed their rights at the school house gate." Schools must be able to show that students conduct would "materially and substantially interfere" with the operation of the school.

Significance: The decision led to a twenty year era of permissiveness affecting areas of individual speech, symbolic expression,student literature and student appearance.

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"It is wrong always, everywhere, and for anyone, to believe anything upon insufficient evidence."

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11:01 pm
February 18, 2007


why18

posts 6277

3

Information on it, including an interpretation and a quote can be found in the Student Rights Handbook, which I linked to in your other thread (http://www.youthrights.org/StudentRightsHandbook.pdf)
You can also find the full text of Tinker (if you want to do some reading) here: http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=us&navby=title&v1=Tinker

"Thanks for your e-mail and I appreciate the fact that you articulated your viewpoint in a rational and cogent manner. A few questions though, Stefan. Who are you voting for in the Presidential Election this November? Kerry? Bush? Oh, you mean you can't vote? Why is that? What kind of car do you drive? Ford? Jeep? Oh you mean you don't drive. Why is that? Why is that you can't just stay home for the rest of the year and not go to school? Why?"

- New York City Councilman James Oddo, in a letter to me, October 2004.

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