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By: Hassan Todd & Kevin Tran

Tinker V Des Moines. By: Hassan Todd & Kevin Tran. Constitutional Issue. Public schools could not suspend students who wore black armbands in school to symbolize their opposition to the Vietnam War.

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By: Hassan Todd & Kevin Tran

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  1. Tinker V Des Moines By: Hassan Todd & Kevin Tran

  2. Constitutional Issue • Public schools could not suspend students who wore black armbands in school to symbolize their opposition to the Vietnam War. • The school board apparently heard rumor of this and chose to pass a policy banning the wearing of armbands to school. Violating students would be suspended and allowed to return to school after agreeing to comply with the policy. • Tinker V Des Moines Independent Community School District was a decision by the United States Supreme Court that defined the constitutional rights of students in U.S. public schools.

  3. Litigant 1 Description • (Above, Left) Christopher Eckhardt and Mary Beth Tinker are shown with the black armbands when they were young. • (Above, Right) Sister and Brother Mary Tinker and John Tinker shows us their black armbands that symbolize their opposition to the Vietnam War.

  4. Litigant 2 Description

  5. Background of Case • A suit was not filed until after the Iowa Civil Liberties Union approached their family, and the ICLU agreed to help the family with the lawsuit. Their parents, in turn, filed suit in U.S. District Court, which upheld the decision of the Des Moines school board. A tie vote in the U.S. Court of Appeals for the 8th Circuit meant that the U.S. District Court's decision continued to stand, and forced the Tinkers and Eckhardts to appeal to the Supreme Court directly. The case was argued before the court on November 12, 1968.

  6. Majority Opinion • Justice Abe Fortas wrote the majority opinion holding that the speech regulation at issue in Tinker was • “Based upon an urgent wish to avoid the controversy which might result from the expression, even by the silent symbol of armbands, of opposition to this Nation's part in the conflagration in Vietnam." • They "must be able to show that [their] action was caused by something more than a mere desire to avoid the discomfort and unpleasantness that always accompany an unpopular viewpoint"

  7. Other Court Opinions

  8. Significance

  9. Pictures Links • http://4.bp.blogspot.com/_lL9bkHorxtg/SaQo6zqGAtI/AAAAAAAAAXE/PCRAjSXVumc/s400/marybethjohntinker.jpg • http://media.photobucket.com/image/christopher%20eckhardt/mrrichardfeder/c1_marybethtinker.jpg • http://www.whotv.com/media/alternatethumbnails/story/2010-01/51777642-21134406.jpg • http://www.abanet.org/publiced/lawday/tinker/eck.gif • http://2.bp.blogspot.com/_z0oFwA6DLe8/SipYAgKHGAI/AAAAAAAAALw/H2dwa-jnsXc/s400/r20090605-speechrights1.gif

  10. Source of Information • http://www.bc.edu/bc_org/avp/cas/comm/free_speech/tinker.html • http://www.law.umkc.edu/faculty/projects/ftrials/firstamendment/tinker.html • http://www.en.wikipedia.org/wiki/Tinker_V._Des_Moines_Independent_Community_School_District • http://www.freedomforum.org/packages/first/curricula/educationforfreedom/supportpages/L08-CaseSummaryTinker.html

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