Student Free Speech and Tinker v. Des Moines Anniversary
John Tinker
February 2019
Marybeth Tinker & John Tinker
They wore black armbands to school to protest the vietnam war
- They were suspended
- They ended up suing
- Students had been given the right to wear freedom buttons due to the civil rights act
50 years later, why relevant today?
- “This is the first time the supreme court recognized that students in schools have their first amendment right”
- “This was a significant change as how students in public schools were seen.”
Parents were both active in civil rights movement
Lived in a small town in Iowa
- Only one black family, kids in that family were not permitted to use the public swimming pool.
- He was a pastor in the small town but after trying to do something about the family not being able to go to the pool his contract was not renewed.
- They then moved to des moines where he was at a church and they did not renew his contract there either due to him wanting to help black people
- “By the time the war in vietnam was building up, it was natural for us to be opposed to it.”
- “Black arm bands were worn during the civil rights era to memorialize the three girls who were killed in Birmingham”
- “It was very natural to wear black armbands to mourn the deaths in Vietnam”
- When school authorities found out they were going to wear armbands, they said they would not be allowed. They wore them anyways and then were suspended from school.
The suppression of student speech often happens because students speak out about issues the school is causing.
Place in California where students wanted to wear American Flag shirts on Cinco De Mayo. He doesn’t agree with this stance, but he does agree that they have the right to freedom of expression.
Tinkertourusa.org
Mary Beth Tinker
“I decided to go ahead and try to be brave like other kids I had seen on the news as examples.”
Her friends told her when she wore the arm band that she would get in trouble but she still wore it.
John Tinker
- “It’s important that students are taught the first amendment”
This is all about the first amendment
Tinker v. Des Moines Independent Community School District
November 12, 1968
It does not have to do with religion.
42 US code 1983
Court dismissed the petition to the circuit the decision was split 4 to 4
Met prior to the time in any of the armbands have been worn and enacted policy which was not written but which was agreed upon among themselves that no students would be allowed to wear the armbands
Christopher Eckhardt and Mary Beth Tinker wore them on the first day
The students mom was called and she said she supported him not wanting to remove the arm band
Mar Beth wore it throughout the entire morning without any incident related to anyway disrupting others.
Dan L. Johnson speaking on behalf of Tinker
“There should not be any special rules for freedom of expression in schools.”
Journalism, Law, & Ethics 