Tinker v. Des Moines Independent Community School District

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Tinker v. Des Moines Independent Community School District is a 1969 U.S. Supreme Court case that established students do not lose their First Amendment free speech rights at school, so long as their expression does not substantially disrupt the educational environment.

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Statements (50)

Predicate Object
instanceOf First Amendment case
United States Supreme Court case
landmark decision
areaOfLaw constitutional law
education law
arguedDate 1968-11-12
citation 393 U.S. 503
constitutionalProvision First Amendment to the United States Constitution
Fourteenth Amendment
surface form: Fourteenth Amendment to the United States Constitution
court Supreme Court of the United States
decisionDate 1969-02-24
dissentBy Hugo L. Black
surface form: Hugo Black

John M. Harlan II
factualBackground Students wore black armbands to protest the Vietnam War and were suspended by school officials
fullName Tinker v. Des Moines Independent Community School District self-linksurface differs
surface form: Tinker et al. v. Des Moines Independent Community School District et al.
holding Public school students do not shed their constitutional rights to freedom of speech or expression at the schoolhouse gate
Student expression may be regulated only if school officials reasonably forecast that it will materially and substantially disrupt the work and discipline of the school
issue Whether public school students retain First Amendment free speech rights at school
joinedByInMajority Byron White NERFINISHED
Earl Warren
Potter Stewart
William J. Brennan Jr. NERFINISHED
William O. Douglas NERFINISHED
jurisdiction United States of America
surface form: United States
keyQuote It can hardly be argued that either students or teachers shed their constitutional rights to freedom of speech or expression at the schoolhouse gate.
locationOfOrigin Des Moines, Iowa
lowerCourt United States Court of Appeals for the Eighth Circuit
United States District Court for the Southern District of Iowa
lowerCourtOutcome Judgment for the school district
majorityOpinionBy Abe Fortas
page 503
petitioner Christopher Eckhardt
Mary Beth Tinker
surface form: John Tinker

Mary Beth Tinker
relatedCase Bethel School District No. 403 v. Fraser
Hazelwood School District v. Kuhlmeier
Morse v. Frederick
reporter United States Reports
respondent Des Moines Independent Community School District
shortName Tinker v. Des Moines Independent Community School District self-linksurface differs
surface form: Tinker v. Des Moines
speechType symbolic protest against the Vietnam War
standardEstablished material disruption test
substantial disruption test
subsequentInfluence Serves as foundational precedent for student speech cases in U.S. public schools
supremeCourtOutcome Judgment of the Court of Appeals reversed
topic public school discipline
student speech
symbolic speech
volume 393
vote 7–2

Referenced by (3)

Full triples — surface form annotated when it differs from this entity's canonical label.

Tinker v. Des Moines Independent Community School District fullName Tinker v. Des Moines Independent Community School District self-linksurface differs
this entity surface form: Tinker et al. v. Des Moines Independent Community School District et al.
First Amendment to the United States Constitution hasLandmarkCase Tinker v. Des Moines Independent Community School District
Tinker v. Des Moines Independent Community School District shortName Tinker v. Des Moines Independent Community School District self-linksurface differs
this entity surface form: Tinker v. Des Moines