Case Brief Of Tinker V Des Moines

A landmark Supreme Court case known as Tinker v. Des Moines was argued on November 12, 1968 and decided on February 24, 1969. The parties involved in the case where the plaintiff, the Tinker family and the defendant, the Des Moines Independent Community School District located in Des Moines, Iowa. The issue or focus of the case was the extent of the first amendment to students on school grounds and whether or not the school district acted in accordance to the constitution when prohibiting the use of armbands as a symbol of speech. Petitioner John F. Tinker, his sister, Mary Beth Tinker, and his friend, Christopher Eckhardt, attended public schools in Des Moines, Iowa where they wore black armbands as a symbol of protest against the government’s policy or involvement in the Vietnam War. The Des Moines School District had become aware of the planned protest and created a policy against it on the 14th of December. However, on the 16th and 17th the petitioners wore their armbands and refused to remove them leading to their suspension. The students did not return to school until after their planned protest period was over. The petitioner’s fathers then filed a complaint that asked for an

District Court in southern Iowa. The court decided in favor of Des Moines by holding “the constitutionality of the school authorities' action on the ground that it was reasonable in order to prevent disturbance of school discipline,” despite the absence of any finding of substantial interference with the conduct of school activities. (Tedford & Herbeck par. 11) After losing the case, the Tinker family filed an appeal to the U.S. Court of Appeals for the Eighth Circuit. This court considered the case en banc and had appellate jurisdiction. When the decision ended in a tie the previous district court decision was upheld and the U.S. Court of Appeals granted certiorari. The case was then heard by the Supreme