• The United States Supreme Course majority opinion by Chief Justice Abe Fortas • The United States Supreme Course dissenting opinion by Justice Hugo Black • A transcript of a radio interview with law professor Catherine Ross Consider the points made by each source about the issues surrounding the Tinker v. Des Moines case. RESPONDENT/SCHOOLDISTRICT’S ATTORNEY #1: Well, Your Honor, although the school board didn’t point it out, one of the students did say when he was interviewed that two boys wearing armbands were punched. PETITIONER/STUDENTS’ ATTORNEY #1 These students decided that, despite their schools’ announced ban on wearing armbands to protest the Vietnam War, they would wear them as a matter of conscience. CHIEF JUSTICE: I will announce the judgment of the Court. The court's use of the concept here arguably paved the way for . [16] Exceptions to this are the 2010 court case Defoe v. Spiva and the 2000 court case Castorina v. Madison County School Board. And this point, Your Honor, I’m going to turn the podium over to my co-counsel. Among the students were John F. Tinker (15 years old), his siblings Mary Beth Tinker (13 years old), Hope Tinker (11 years old), and Paul Tinker (8 years old), along with their friend Christopher Eckhardt (16 years old). [2] Mary Beth Tinker and Christopher Eckhardt were suspended from school for wearing the armbands on December 16 and John Tinker was suspended for doing the same on the following day. Three public school students in Des Moines, Iowa, were suspended from school . [6], The Court held that for school officials to justify censoring speech, 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," that the conduct that would "materially and substantially interfere with the requirements of appropriate discipline in the operation of the school. The children's fathers filed suit in the U.S. District Court, which upheld the decision of the Des Moines school board. of Wisconsin System v. Southworth, Ysursa v. Pocatello Education Association, Friedrichs v. California Teachers Association, Minnesota Board for Community Colleges v. Knight, Regan v. Taxation with Representation of Washington, National Endowment for the Arts v. Finley, Walker v. Texas Div., Sons of Confederate Veterans, Houston Community College System v. Wilson. PETITIONER/STUDENTS’ ATTORNEY #1 Yes, that’s right. [1] But, more than that, the Court recognized the importance of student rights and ushered in a new era . PETIONER/STUDENTS’ ATTORNEY #2  Generally speaking, I agree, Your Honor. But I don’t think the test should be whether you or I think the evidence shows there was a danger of disruption. JUSTICE 8: Petitioner’s counsel just told us that there was no disruption. And, in our view, they have done so in this case. v. Mergens. RESPONDENT/SCHOOLDISTRICT’S ATTORNEY #2: Yes, of course. Found insideThe trial judge had declined to sequester the jury for the second trial, but did caution jurors against exposure to media ... Chief Justice Earl Warren's final term originated in the Eighth Circuit. In Tinker v. Des Moines Independent ... MR. JUSTICE FORTAS delivered the opinion of the Court. Found inside – Page 606McCormack (1969) 74 Tinker v. Des Moines (1969) 340. CHIEF. JUSTICE. WARREN. BURGER. (1969–1986). Oregon v. Mitchell (1970) 525 Welsh v. United States (1970) 271 Lemon v. Kurtzman (1971) 249 New York Times Company v. The Court took the position that school officials could not prohibit only on the suspicion that the . JUSTICE 2: Do we have anything more than your assertion that the administrators reasonably believed there was a danger of disruption? JUSTICE 4: But how is that not disruptive? It could even be a very funny comment that made all the students break into hysterical and prolonged laughter. The original idea of schools was that children had not yet reached a point of experience and wisdom to teach their elders. Students cannot express themselves at every time, in every place, and in every circumstance. rule of judicial review. The principals of the Des Moines school learned of the plan and met on December 14 to create a policy that stated that any student wearing an armband would be asked to remove it, with refusal to do so resulting in suspension. In my view, students are not sent to the schools – at taxpayers’ expense -- in order to promote their own views. I disagree with my colleagues in the majority because I believe that the Constitution allows the school to ban the armbands.
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