Tinker v. Des Moines School District

A. Issues Discussed: Free Speech

B. Legal Question Presented:

Was the school’s policy prohibiting students from wearing an armband to school in protest to the Vietnam war, a violation of the First Amendment?

A. Background:

“Petitioners, three public school pupils in Des Moines, Iowa, were suspended from school for wearing black armbands to protest the Government’s policy in Vietnam. They sought nominal damages and an injunction against a regulation that the respondents had promulgated banning the wearing of armbands.

The District Court dismissed the complaint on the ground that the regulation was within the Board’s power, despite the absence of any finding of substantial interference with the conduct of school activities. The Court of Appeals, sitting en banc, affirmed by an equally divided court.”

On certiorari the US Supreme Court reversed the judgment of the Court of Appeals.

Dan L. Johnston argued the cause for petitioners. With him on the brief were Melvin L. Wulf and David N. Ellenhorn.

“In wearing armbands, the petitioners were quiet and passive. They were not disruptive and did not impinge upon the rights of others. In these circumstances, their conduct was within the protection of the Free Speech Clause of the First Amendment and the Due Process Clause of the Fourteenth.

First Amendment rights are available to teachers and students, subject to application in light of the special characteristics of the school environment.

A prohibition against expression of opinion, without any evidence that the rule is necessary to avoid substantial interference with school discipline or the rights of others, is not permissible under the First and Fourteenth Amendments.”

“After an evidentiary hearing the District court dismissed the complaint… On appeal, the Court of Appeals for the Eighth Circuit… was equally divided and the District Court’s decision was affirmed.”

On certiorari, the US Supreme Court reversed the the Court of Appeals judgment.

The ACLU, as counsel of record, urged reversal of the Judgment of the Court of Appeals; the US Supreme Court reversed the lower court’s decision in a 7-2 vote, giving the ACLU an apparent win.