Main Event

Main Event: Tinker v. Des Moines

(Itasca Register, December 9, 1968, p.10)

District Court

In September 1966, the Federal District Court heard the case and sided with the school, ruling that the armbands disrupted other students’ learning, thereby justifying the ban and the students’ suspension. The Tinkers disagreed with the ruling so they decided to appeal the case.

"[School districts] have the responsibility for maintaining a scholarly, disciplined atmosphere within the classroom. These officials not only have a right, they have an obligation to prevent anything which might be disruptive of such an atmosphere...The regulation under the circumstances was reasonable and did not deprive the plaintiffs of their constitutional right to freedom of speech."

- U.S. District Court Judge Roy Stephenson (Bittle, Drake Law Review, 2000)​​​​​​​

(Muscatine Journal, Sep, 28 1966)

Court of Appeals

In November 1967, the United States Court of Appeals in a 4-4 split vote failed to reach a decision on the case. The case was thrown out, which meant the District Court’s ruling in favor of the school was reaffirmed. However, the court’s disagreement and continued indecision centered around the disruption issue, which provided grounds for the Tinkers to pursue an appeal with the U.S. Supreme Court, which agreed to hear the case. 

"The right to free speech embodied in the First Amendment is a lifeless right unless encouraged during school years." 

- ICLU Attorney Dan Johnston, Statement of Appeal (Des Moines Tribune, March 4, 1968)

(Des Moines Register, November 5, 1967, p. 20)

Supreme Court 

(Las Vegas Sun, February, 25, 1969, p. 11)

On February 24, 1969, over three years after the students’ protest, the U.S. Supreme Court ruled in favor of the Tinkers in a 7-2 decision, which validated that students, like adults, have and can exercise their First Amendment rights at school. In this important case, the court made it clear that neither students nor teachers "shed their constitutional rights to freedom of speech or expression at the schoolhouse gate." The ruling gave students the green light to express themselves in a non-disruptive way in the educational environment. 

CBS Evening News, February 24,1969 

(Vanderbilt Television News Archive​​​​​​​)

                              "U.S. Supreme Court, 1967-1969."                                (The Collection of the U.S. Supreme Court, Oyez)​​​​​​

"In our system, undifferentiated fear or apprehension of disturbance is not enough to overcome the right to freedom of expression." 

- Abe Fortas, Tinker Majority Opinion (Justia U.S Supreme Court, February 24, 1969)