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Abstract

Argument: Tuesday, November 12, 1968
Decision: Monday, February 24, 1969
Issues: First Amendment, Protest Demonstrations
Categories: children, education, first amendment, freedom of speech, juveniles, symbolic speech

Advocates

Allan A. Herrick (Argued the cause for the respondents)
Dan L. Johnston (Argued the cause for the petitioner)

Facts of the Case

John Tinker, 15 years old, his sister Mary Beth Tinker, 13 years old, and Christopher Echardt, 16 years old, decided along with their parents to protest the Vietnam War by wearing black armbands to their Des Moines schools during the Christmas holiday season. Upon learning of their intentions, and fearing that the armbands would provoke disturbances, the principals of the Des Moines school district resolved that all students wearing armbands be asked to remove them or face suspension. When the Tinker siblings and Christopher wore their armbands to school, they were asked to remove them. When they refused, they were suspended until after New Year's Day.

Question

Does a prohibition against the wearing of armbands in public school, as a form of symbolic protest, violate the First Amendment's freedom of speech protections?

Conclusion

The wearing of armbands was "closely akin to 'pure speech'" and protected by the First Amendment. School environments imply limitations on free expression, but here the principals lacked justification for imposing any such limits.The principals had failed to show that the forbidden conduct would substantially interfere with appropriate school discipline.

Supreme Court Justice Opinions and Votes (by Seniority)

Sort by Ideology
(More information here)
Decision: 7 votes for Tinker, 2 vote(s) against
Legal Provision: Amendment 1: Speech, Press, and Assembly
Voted with the majority
Warren
Wrote a dissent
Black
Voted with the majority
Douglas
Wrote a dissent
Harlan
Voted with the majority
Brennan
Wrote a special concurrence
Stewart
Wrote a regular concurrence
White
Wrote the majority opinion
Fortas
Voted with the majority
Marshall
Full Opinion by Justice Abe Fortas

Cite this page

The Oyez Project, Tinker v. Des Moines Ind. Comm. School Dist., 393 U.S. 503 (1969),
available at: <http://www.oyez.org/cases/1960-1969/1968/1968_21/>
(last visited ).