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Tinker v. Des Moines Independent Community School District
| Tinker v. Des Moines Independent Community School District | |
|---|---|
 | |
| Argued November 12, 1968 Decided February 24, 1969 | |
| Full case name | John F. Tinker and Mary Beth Tinker, minors, by their father and next friend, Leonard Tinker and Christopher Eckhardt, minor, by his father and next friend, William Eckhardt v. The Des Moines Independent Community School District, et al. |
| Citations | 393 U.S. 503 (more) 89 S. Ct. 733; 21 L. Ed. 2d 731; 1969 U.S. LEXIS 2443; 49 Ohio Op. 2d 222 |
| Argument | Oral argument |
| Case history | |
| Prior | Plaintiff's complaint dismissed, 258 F.Supp. 971 (S.D. Iowa 1966); affirmed, 383 F.2d 988 (8th Cir. 1967); cert. granted, 390 U.S. 942 (1968) |
| Subsequent | None on record |
| Holding | |
| The First Amendment, as applied through the Fourteenth, did not permit a public school to punish a student for wearing a black armband as an anti-war protest, absent any evidence that the rule was necessary to avoid substantial interference with school discipline or the rights of others. | |
| Court membership | |
| |
| Case opinions | |
| Majority | Fortas, joined by Warren, Douglas, Brennan, White, Marshall |
| Concurrence | Stewart |
| Concurrence | White |
| Dissent | Black |
| Dissent | Harlan |
| Laws applied | |
| U.S. Const. amends. I, XIV; 42 U.S.C. § 1983 | |
Wikisource has original text related to this article:
Tinker v. Des Moines Independent Community School District, 393 U.S. 503 (1969), was a landmark decision by the United States Supreme Court that recognized the First Amendment rights of students in U.S. public schools. The Tinker test, also known as the "substantial disruption" test, is still used by courts today to determine whether a school's interest to prevent disruption infringes upon students' First Amendment rights. The Court famously opined, "It can hardly be argued that either students or teachers shed their constitutional rights to freedom of speech or expression at the schoolhouse gate."[1][2]
- ^ Tinker v. Des Moines Indep. Cmty. Sch. Dist., 393 U.S. 503, 506 (1969).
- ^ "Tinker v. Des Moines Independent Community School District (1969)". The Free Speech Center. Retrieved December 18, 2023.
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