Essay On Tinker V. Des Moines Independent Community Schools

According to the First Amendment, Congress cannot forbid freedom of religion, speech,

press, assembly, and petition. The Fourteenth Amendment prohibits United States citizens from

being denied rights (US Const.). In the Tinker v. Des Moines Independent Community School

District Trial, seven students wore black armbands to protest the Vietnam War. The incident

occurred in December to encourage a ceasefire between North Vietnam and South Vietnam over

the holidays. The students were immediately suspended after wearing the controversial armbands

(LII). The Tinker v. Des Moines Independent Community School District Supreme Court case

helped to establish students’ First and Fourteenth Amendment rights.

In the 1960s, many people disliked

The students were suspended, and the Tinkers sued the school district.

The district court ruled against the Tinkers as did the Eight Circuit United States Court of

Appeals, causing them to appeal to the Supreme Court. In a seven to two vote, the Supreme

Court ruled in the Tinkers’ favor and the students were allowed to wear the black armbands

(United States Government: Principles in Practice 391-92).

The justices ruled against the school district, the court case helped establish the amount

of regulation schools can have on students. The Tinkers won because the armbands were

considered to be speech that could not be banned according to the First Amendment. They were

allowed to wear the armbands as long as it did not interfere with school, even though schools can

restrict some things that are necessary (“Tinker v. Des Moines School District (1969)”). The

Tinker Test was established by this case defined the amount of control schools can have over

what students wear (United States Government: Principles in Practice 392).

Not all of the justices voted in the Tinkers’ favor; two dissented and several who voted

for Tinker expressed negative opinions. They thought that seven out of eighteen

Students do lose some of their rights when in

school that adults have because they are not old enough to make their own decisions (LII).

The Tinker v. Des Moines Independent Community School District Supreme Court case

further defined students’ rights in school. It could also be argued that the court’s ruling limited

students’ rights because any type of clothing could be considered disruptive to the learning

environment (Puzan). The Tinker Test can still be used to determine whether a student is

permitted to express their opinions, but the amount of freedom for students’ First Amendment

rights has been reduced since this ruling. Cases such as Hazelwood School District v.

Kuhlemeier, Bethel School District No. 403 v. Fraser, and Morse v. Frederick, have given

schools more power to restrict dress code. In Hazelwood School District v. Kuhlemeier, schools

were allowed to limit what was written in school newspapers; in Bethel School District No. 403

v. Fraser, a student was suspended for using inappropriate language in a speech, and in Morse v.

Frederick, a student was suspended for having a sign that may have promoted drug usage (United

States Government: Principles in Practice