Tinker v. Des Moines
is a historic Supreme Court ruling from 1969 that cemented students' rights to free speech in public schools. Mary Beth Tinker
What occurred in the Tinker v Des Moines Supreme Court case?
In a 7-2 decision, the Supreme Court's majority ruled that
neither students nor teachers “shed their constitutional rights to freedom of speech or expression at the schoolhouse gate
.” The Court took the position that school officials could not prohibit only on the suspicion that the speech might disrupt the learning …
Why did the Supreme Court rule in favor of the students who wore arm bands?
They ruled in favor of the students. It held that
armbands were form of “speech” because the armbands were symbols representing ideas
. What amendment protected the students rights to wear the arm bands in the Tinker Case?
Who won the Tinker v Des Moines case?
Decision: In 1969 the United States Supreme Court ruled in a 7-2 decision in favor
of the students
. The high court agreed that students' free rights should be protected and said, “Students don't shed their constitutional rights at the school house gates.”
What Court had the final say on Tinker v Des Moines?
In Tinker v. Des Moines Independent Community School District, 393 U.S. 503 (1969),
the Supreme Court
ruled that public school officials cannot censor student expression unless they can reasonably forecast that the speech will substantially disrupt school activities or invade the rights of others.
Why did the Supreme Court find their suspension unconstitutional?
Why did the Supreme Court find their suspension unconstitutional? The Supreme Court found their suspension unconstitutional
because the arm bands were considered “Pure Speech
.” The armbands did not cause interference with school work. … Wearing armbands counted as symbolic speech.
How did the Supreme Court rule in the Miranda decision?
In Miranda v. Arizona (1966), the Supreme Court ruled
that detained criminal suspects, prior to police questioning, must be informed of their constitutional right to an attorney and against self-incrimination.
What does the Tinker case tell you about freedom of speech in schools?
The Supreme Court ruled in Tinker v. Des Moines Independent Community School District that students and teachers continue to have the right of free speech and
expression when they are at school
. They do not “shed their constitutional rights at the school house gate,” Judge Abe Fortas wrote in the Court's ruling.
What was the school's response to the students wearing the black arm bands?
School officials announced that students who wore armbands
had to remove them or face suspension
. The Tinker siblings and Eckhardt refused to remove their armbands, and the district suspended them until their protest ended. Photograph of college-aged students marching, holding signs saying “End the War Now!
What do black armbands mean?
In Western culture, a black armband signifies that
the wearer is in mourning or wishes to identify with the commemoration of a family friend, comrade or team member who has died
. … In association football, it is common for a team to wear black armbands in their next match after the death of a former player or manager.
What was tinkers argument?
Tinker v. Des Moines is a historic Supreme Court ruling from 1969 that
cemented students' rights to free speech in public schools
. Mary Beth Tinker was a 13-year-old junior high school student in December 1965 when she and a group of students decided to wear black armbands to school to protest the war in Vietnam.
Why was Justice Black so concerned about the Court's decision in the Tinker case?
Justice Hugo Black dissented. He pointed out that the
case involved a small number of students who refused to obey the instructions of school officials
, and argued that allowing this behavior would have a negative effect on schools and on the country as a whole.
What does it mean when a Supreme Court case is called a landmark case?
A landmark case is
a court case that is studied because it has historical and legal significance
. The most significant cases are those that have had a lasting effect on the application of a certain law, often concerning your individual rights and liberties.
Why did the school district argue it could prevent students from wearing black armbands?
Because the appearance of the armbands distracted students from their work,
they detracted from the ability of the school officials to perform their duties
, so the school district was well within its rights to discipline the students.
What is the relationship between the Supreme Court and the lower courts?
The Supreme Court can overrule decisions made by the lower courts. What is the relationship between the Supreme Court and the lower courts?
unconstitutional because it violated the right to privacy
. established a right to privacy, which the Constitution does not explicitly name.
What amendment did Tinker v Des Moines violate?
The Court held that a school district violated
students' free speech rights
when it singled out a form of symbolic speech – black armbands worn in protest of the Vietnam War – for prohibition, without proving the armbands would cause substantial disruption in class.
