Tinker v. Des Moines is a very influential court case regarding freedom of speech within schools. Marybeth Tinker and her brother John Tinker both wore black armbands to school in support of a truce in the Vietnam War and were punished and sent home from school in December 1965. In a 7-2 decision, the court sided with the Tinker’s after the parents sued the school.
John and Marybeth Tinker grew up in a small Iowa town. Their parents were very active in the Civil Rights Movement. During the time, there was only one black family in their town and they weren’t allowed to use the public swimming pool. This didn’t fly with the Tinker’s. Mr. Tinker was a pastor in the small town, and after he tried to do something about the family that wasn’t allowed into the swimming pool his contract at the church was not renewed. This caused them to move to Des Moines to a church, and the same thing happened there after he was helping black people. “By the time the war in Vietnam was building up, it was natural for us to be opposed to it,” explained John Tinker. Growing up in a family who was so open and helping in this day in age wasn’t the norm. John and Marybeth take after their parents in this way.
In December of 1965 when they decided they were going to wear the black armbands to school, the faculty held a meeting to acknowledge this because they saw it as a problem. They created a policy that stated anyone to wear the armbands to school would be asked to remove them, and failure to obey the policy would result in suspension. Marybeth Tinker and Christopher Eckhardt wore them one day and were sent home. Marybeth stated, “I decided to go ahead and try to be brave like other kids I had seen on the news as examples.” The next day, John wore one and it ended in the same result. When John was called into the office and his mother was called, she agreed that John ought to be able to express his beliefs.
The suppression of student speech often happens because students speak out about issues the school is causing, but this was a different case. The Tinker family ended up suing the Des Moines Independent Community School District for violating their right of expression and proposed an injunction to the court to prevent the school from disciplining students for this reason. Little did they know, this was a four year long battle.
The Tinkers were forced to appeal to the Supreme Court directly after the district court dismissed the case on a tied voting count. During the oral argument on November 12, 1968, Dan L. Johnson, the Tinker’s lawyer stated, “I think they intended, I think they chose the message, chose the method of expression, your honor, which would not be distracting — distracting when they are in class.” Supreme Court Justice Byron R. White replied, “Physically, it wouldn’t make a noise, it wouldn’t cause a commotion but don’t you think it would cause some people to direct their attention to the armband and the Vietnam War and think about that rather than what they were thinking about — supposed to be thinking about in the classroom?” Although Justice White may be right, this doesn’t mean the students aren’t allowed to do so in the eyes of the law and the First Amendment.
The court’s final decision ruled a 7-2 decision in favor of the Tinker’s. The court concluded that students don’t lose their First Amendment rights when they enter a school. The First Amendment states, “Congress shall make no law respecting an 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 peaceably to assemble, and to petition the Government for a redress of grievances.” In order to make a policy such as the one they made about the armbands in 1965, the school has to prove that the actions would interfere with school operations. Wearing the armbands was a silent act, that may have caused slight distractions. It did not interfere with school operations.
In my opinion, I think John and Marybeth Tinker had every right to wear the black armbands to school. It didn’t disrupt or harm anyone. It was a silent form of showing their stance on the Vietnam War. According to Dan Johnson, in this school, there was no general prohibition against political emblems like the armbands. Therefore, I think the move to make a policy against them was biased for the situation. I believe one of the major reasons why the students found themselves in so much trouble is because the opinion they sided with was an uncommon opinion. During the time this happened, it was much more rare for someone to have an opposing opinion such as this. I side with the Supreme Court’s decision.
Tinker vs. Des Moines is used today as an example for students’ right to free speech. This case has also been cited in many cases after having to do with freedom of speech in schools. Marybeth Tinker has created a tour called “Tinker Tour”. She goes around the US and teaches students about her story and also teaches them about civics in general. Both John and Marybeth think it is extremely important for students to be informed about the First Amendment, which is a major reason for the Tinker Tour.