Tinker v. Des Moines Student Speech At School SS.7.C.3.12 Analyze the significance and outcomes of landmark Supreme Court cases including, but not limited to… Tinker v. Des Moines … Student Speech At School
First Amendment Rights How many rights are in the First Amendment? Can you name them?
First Amendment “Congress shall make no law respecting the establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people to peaceably assemble, and to petition the Government for a redress of grievances.”
Speech What is speech? Just words… or more?
Should there be limits on speech or not? FIRE!
Speech at School Question for discussion: Is the right to free speech different at school? Speech at School
Tinker v. Des Moines Independent community school district The Case of the Black Armbands Tinker v. Des Moines Independent community school district
Tinker v. Des Moines In 1968, three public school students protesting the Vietnam War came to class wearing black armbands. The principals said that all students wearing armbands would remove them or face suspension. Despite the warning, the students wore the armbands to school and were suspended for several days. There were no disturbances or disruptions at school when they wore the armbands.
What do you think? Should the students be allowed to wear the armbands at school? Was this a form of speech? Were the students causing a disturbance? Yes or No? Why? ?
Question before the Court: Did the principals’ rule, against wearing armbands in public school, violate the students’ First Amendment freedom of speech protections? Yes or No? Why or why not?
What did the U.S. Supreme Court decide? Silent Protest What did the U.S. Supreme Court decide? Why?
Outcome: Tinker v. Des Moines Yes. The US Supreme Court held in a 7-2 decision that the wearing of the armbands was protected by the First Amendment.
Quoting the Case “It can hardly be argued that either students or teachers shed their constitutional rights to freedom of speech or expression at the schoolhouse gate.” Justice Abe Fortas, 393 US 503 (1969) https://constitutioncenter.org/images/uploads/blog/marybethjohntinker.jpg
Significance The Court has recognized that speech can be limited on school campuses but students do not shed their rights completely. Speech cannot be disruptive or "materially and substantially interfere" with the operation of the school. https://www.oyez.org/cases/1968/21