Eckhardt and his friends John Tinker and Mary Beth Tinker were suspended from school for wearing black armbands to protest the Vietnam War in
Tinker, 15 years old, and petitioner Christopher Eckhardt, 16 years old, attended high schools in Des Moines, Iowa. In December,a group of adults and students in Des Moines held a meeting at the Eckhardt home.
Petitioners and their parents had previously engaged in similar activities, and they decided to participate in the program.
The principals of the Des Moines schools became aware of the plan to wear armbands. On December 14,they met and adopted a policy that any student wearing an armband to school would be asked to remove it, and, if he refused, he would be suspended until he returned without the armband.
Petitioners were aware of the regulation that the school authorities adopted. On December 16, Mary Beth and Christopher wore black armbands to their schools. John Tinker wore his armband the next day.
They were all sent home and suspended from school until they would come back without their armbands. It prayed for an injunction restraining the respondent school officials and the respondent members of the board of directors of the school district from disciplining the petitioners, and it sought nominal damages.
After an evidentiary hearing, the District Court dismissed the complaint.
I The District Court recognized that the wearing of an armband for the purpose of expressing certain views is the type of symbolic act that is within the Free Speech Clause of the First Amendment.
See West Virginia v. South Carolina, U. As we shall discuss, the wearing of armbands in the circumstances of this case was entirely divorced from actually or potentially disruptive conduct by those participating in it.
It was closely akin to "pure speech"  which, we have repeatedly held, is entitled to comprehensive protection under the First Amendment. First Amendment rights, applied in light of the special characteristics of the school environment, are available to teachers and students.
It can hardly be argued that either students or teachers shed their constitutional rights to freedom of speech or expression at the schoolhouse gate. This has been the unmistakable holding of this Court for almost 50 years.
Justice McReynolds, held that the Due Process Clause of the Fourteenth Amendment prevents States from forbidding the teaching of a foreign language to young students. Statutes to this effect, the Court held, unconstitutionally interfere with the liberty of teacher, student, and parent.
Society of Sisters, U. Board of Education, U. New Hampshire, U. Board of Regents, U. In West Virginia v. Barnette, supra, this Court held that, under the First Amendment, the student in public school may not be compelled to salute the flag.
Justice Jackson, the Court said: These have, of course, important, delicate, and highly discretionary functions, but none that they may not perform within the limits of the Bill of Rights. That they are educating the young for citizenship is reason for scrupulous protection of Constitutional freedoms of the individual, if we are not to strangle the free mind at its source and teach youth to discount important principles of our government as mere platitudes.
On the other hand, the Court has repeatedly emphasized the need for affirming the comprehensive authority of the States and of school officials, consistent with fundamental constitutional safeguards, to prescribe and control conduct in the schools.
Arkansas, supra, at ; Meyer v. Nebraska, supra, at Our problem lies in the area where students in the exercise of First Amendment rights collide with the rules of the school authorities. II The problem posed by the present case does not relate to regulation of the length of skirts or the type of clothing,  to hair style, or deportment.
Dallas Independent School District, F. It does not concern aggressive, disruptive action or even group demonstrations.
Our problem involves direct, primary First Amendment rights akin to "pure speech. Accordingly, this case does not concern speech or action that intrudes upon the work of the schools or the rights of other students.Jan 03, · The Tinker Case • January 3, Bleeding Heartland has a fine post remembering the famous Tinker case after one of its central participants, Christopher Eckhardt, died recently.
Oct 27, · Early on in Pilgrim at Tinker Creek, Dillard introduces readers to the small town of Radford, Virginia and its swarms of starlings. In the early ’s, the Radford starlings had multiplied in epidemic proportions; residents complained of their smell, the noise, and the inevitable spread of disease.
The Case of the Black Armbands Tinker v. Des Moines Independent Community School District This activity will introduce students to the First Amendment through the case study method.
The Supreme Court case of Tinker v. Des Moines found that freedom of speech must be protected in public schools, provided the show of expression or opinion—whether verbal or symbolic—is not disruptive to learning.
The Court ruled in favor of Tinker, a year-old girl who wore black. Koala, Kiwi, Doodle, and Tinker Crate Reviews. October 1, 20 Comments. Share Pin 3.
Tweet. Reddit. Tinker Crate Review (Ages +) If that was the case, it would’ve been nice to get a preliminary “hey, I’m tracking down the answer for you.”. Students' freedom of speech and symbolic speech rights in schools is the subject of the Supreme Court landmark case Tinker v.