Heimlich's History: Tinker v. Des Moines

Overview

• Topic: Tinker v. Des Moines Supreme Court Case
• Relevant for: AP Government Curriculum
• Focus: Parameters of freedom of speech on school property

Facts of the Case

• Date: 1965
• Context: U.S. Vietnam War protests
• Key Players: Tinker family; children wore black armbands to school
• Purpose: Support for Senator Robert Kennedy's call for a Christmas truce in Vietnam
• School's Reaction:
  • Policy against protest armbands
  • Threat of suspension for non-compliance
  • Tinker children wore armbands anyway and were suspended
• Legal Action: Parents filed suit

Constitutional Principle

• Amendment in Question: First Amendment - Protection of Free Speech
• Key Issue:
  • Balance between student protest rights and school’s responsibility for a conflict-free learning environment

Supreme Court Decision

• Outcome: 7-2 decision in favor of Tinker
• Ruling: Suspension violated students' right to free speech
• Establishing the Substantial Disruption Test:
  • Schools must show speech materially/substantially disrupts school discipline
  • Wearing armbands didn’t cause disruption

Significance & Impact

• Key Quote: "Students or teachers do not shed their constitutional rights at the schoolhouse gate." - Justice Abe Fortas
• Precedent: Set parameters for free speech on campuses
• Subsequent Cases:
  • Bethel School District v. Fraser (1985):
    • Concerned obscene/vulgar speech
    • Court ruled vulgar speech not same as political speech
    • Ruling favored administration, allowing restrictions on student speech

Conclusion

• Tinker v. Des Moines: Critical for understanding student free speech rights
• Future Implications: Continues to guide court decisions on student speech rights

• Additional Resources: Review packet for exam preparation

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