Landmark Supreme Court Case · Student speech

Tinker v. Des Moines Independent Community School District (1969)

Decided
1969
Vote
7–2
Opinion
Justice Abe Fortas
Constitutional provisions

Facts of the case

In December 1965, a group of students in Des Moines, Iowa, including Mary Beth Tinker (13), her brother John Tinker (15), and Christopher Eckhardt (16), planned to wear black armbands to school to mourn the dead of the Vietnam War and support a truce. Principals adopted a policy banning armbands. The students wore them anyway, were suspended, and sued.

The constitutional question

Does a ban on wearing armbands in public school as a form of symbolic protest violate students' First Amendment freedom of speech?

The decision

Yes. Students' quiet, passive wearing of armbands was protected symbolic speech. Schools may restrict student expression only if it would "materially and substantially" disrupt school activities or invade the rights of others. A mere fear of disturbance is not enough.

The Court's reasoning

The armbands caused no disruption, and the school had singled out one viewpoint. Other political symbols were allowed.

Why it matters

It is the leading case on student speech rights and created the "substantial disruption" test. Later cases allowed more limits. Bethel v. Fraser (1986) concerned lewd speech, Hazelwood (1988) school-sponsored newspapers, and Morse v. Frederick (2007) speech promoting illegal drug use.

In the Court's words

It can hardly be argued that either students or teachers shed their constitutional rights to freedom of speech or expression at the schoolhouse gate.

Justice Abe Fortas, majority opinion