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Tinker v. Des Moines Independent Community School District

Supreme Court of the United States · 1969 · Constitutional Law

Constitutional LawFirst Amendmentstudent speecharmbandmaterial disruptionstudent speechsymbolic speechblack armbands

Facts

In December 1965, petitioners, public school students in Des Moines, decided to wear black armbands to school to express opposition to the Vietnam hostilities and support for a truce. After learning of the plan, school principals adopted a policy requiring any student wearing an armband to remove it or face suspension until returning without it. Mary Beth Tinker and Christopher Eckhardt wore armbands on December 16, and John Tinker wore one the next day; all were suspended and stayed out until after the planned protest period ended. The record showed no class disruption, no threats or violence on school premises, and only a few hostile remarks from other students.

Issue

May public school officials prohibit students from wearing black armbands as silent political expression when the record shows no facts reasonably supporting a forecast that the expression would materially and substantially disrupt schoolwork or discipline or invade the rights of other students?

Rule

Student expression in public schools is protected by the First Amendment, including symbolic expression akin to pure speech. School officials may not suppress such expression based on mere fear, apprehension, or a desire to avoid discomfort from an unpopular viewpoint; to justify prohibition, they must show facts that reasonably support a forecast that the expression would materially and substantially interfere with the requirements of appropriate discipline in the operation of the school or collide with the rights of others.

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One of 10 multiple-choice questions for this case. Pick an answer to see why.

At a public high school in Columbus, Ohio, Maya Ortiz wears a small gray ribbon on her backpack during school hours to protest a proposed military action overseas. After hearing that some parents are upset, the principal adopts a rule banning only gray ribbons, though students routinely wear sports logos and campaign pins. No classes are interrupted, and the school has no evidence of likely disorder beyond complaints that the message is divisive.

If Maya challenges the rule under the First Amendment, what is the strongest argument that the ban is unconstitutional?

Explanation. The majority treated silent symbolic expression as closely akin to pure speech and held that students retain First Amendment rights in school. School officials must show more than undifferentiated fear or a desire to avoid the unpleasantness of an unpopular viewpoint; they need facts supporting a forecast of material and substantial interference with schoolwork or discipline, or invasion of others' rights. Here the facts show only community disagreement and no disruption.