![]() The court's 7–2 decision held that the First Amendment applied to public schools, and that administrators would have to demonstrate constitutionally valid reasons for any specific regulation of speech in the classroom. It was funded by the Des Moines residents Louise Noun, who was the president of the Iowa Civil Liberties Union, and her brother, Joseph Rosenfield, a businessman. The case was argued before the court on November 12, 1968. During the case, the Tinker family received hate mail, death threats, and other hateful messages. The only students involved in the lawsuit were Mary Beth Tinker, John Tinker, and Christopher Eckhardt. District Court's decision continued to stand, which forced the Tinkers and Eckhardts to appeal to the Supreme Court directly. Court of Appeals for the 8th Circuit meant that the U.S. District Court, which upheld the decision of the Des Moines school board.Ī tie vote in the U.S. The children's fathers filed suit in the U.S. The Des Moines Independent Community School District represented the school officials who suspended the students. Dan Johnston was the lead attorney on the case. Lower courts Ī suit was filed after the Iowa Civil Liberties Union approached the Tinker family, and the ACLU agreed to help with the lawsuit. This case involved symbolic speech, which was first recognized in Stromberg v. This case was the first time that the court set forth standards for safeguarding public school students' free speech rights. ![]() Barnette, had established that students did have some constitutional protections in public school. Previous decisions, such as West Virginia State Board of Education v. Mary Beth Tinker and Christopher Eckhardt were suspended from school for wearing the armbands on December 16 and John Tinker was suspended for doing the same on the following day. No violence or disruption was proven to have occurred due to the students wearing the armbands. Hope and Paul Tinker were not in violation of the policy, since the policy was not applicable to elementary schools, and were not punished. The participants decided to violate this policy. Students violating the policy would be suspended and allowed to return to school after agreeing to comply with it. The principals of the Des Moines schools learned of the plan and met before the incident occurred on December 16 to create a policy that stated that school children wearing an armband would be asked to remove it immediately. Christopher Eckhardt and John Tinker attended a protest the previous month against the Vietnam War in Washington, D.C. The Tinker children's mother, Lorena, was a leader of the Peace Organization in Des Moines. The Tinker family had been involved in civil rights activism before the student protest. The students wore the armbands to several schools in the Des Moines Independent Community School District ( North High School for John, Roosevelt High School for Christopher, William Harding Junior High School for Mary Beth, elementary school for Hope and Paul). Tinker (15 years old), his siblings Mary Beth Tinker (13 years old), Hope Tinker (11 years old), and Paul Tinker (8 years old), along with their friend Christopher Eckhardt (16 years old). In 1965, five students in Des Moines, Iowa, decided to wear black armbands to school in protest of American involvement in the Vietnam War and supporting the Christmas Truce that was called for by Senator Robert F. The Tinker test, also known as the "substantial disruption" test, is still used by courts today to determine whether a school's interest to prevent disruption infringes upon students' First Amendment rights. 503 (1969), was a landmark decision by the United States Supreme Court that defined First Amendment rights of students in U.S. Des Moines Independent Community School District, 393 U.S. Des Moines Independent Community School District
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