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.
Observed surface forms (2)
| Surface form | Occurrences |
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| Tinker et al. v. Des Moines Independent Community School District et al. | 1 |
| Tinker v. Des Moines | 1 |
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
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Fourteenth Amendment ⓘ
surface form:
Fourteenth Amendment to the United States Constitution
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| 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
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Tinker et al. v. Des Moines Independent Community School District et al.
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| 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
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surface form:
United States
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| 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
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Tinker v. Des Moines
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| 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)
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Tinker v. Des Moines Independent Community School District
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Tinker et al. v. Des Moines Independent Community School District et al.
First Amendment to the United States Constitution
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Tinker v. Des Moines Independent Community School District
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Tinker v. Des Moines Independent Community School District
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Tinker v. Des Moines Independent Community School District
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Tinker v. Des Moines