Tinker v. Des Moines Independent Community School District

Tinker v. Des Moines Independent Community School District
Supreme Court of the United States
Argued November 12, 1968 Decided February 24, 1969
Full case name	John F. Tinker and Mary Beth Tinker, minors, by their father and next friend, Leonard Tinker and Christopher Eckhardt, minor, by his father and next friend, William Eckhardt v. The Des Moines Independent Community School District, et al.
Citations	393 U.S. 503 (more) 89 S. Ct. 733; 21 L. Ed. 2d 731; 1969 U.S. LEXIS 2443; 49 Ohio Op. 2d 222
Argument	Oral argument
Case history
Prior	Plaintiff's complaint dismissed, 258 F.Supp. 971 (S.D. Iowa 1966); affirmed, 383 F.2d 988 (8th Cir. 1967); cert. granted, 390 U.S. 942 (1968)
Subsequent	None on record
Holding
The First Amendment, as applied through the Fourteenth, did not permit a public school to punish a student for wearing a black armband as an anti-war protest, absent any evidence that the rule was necessary to avoid substantial interference with school discipline or the rights of others.
Court membership
Chief Justice Earl Warren Associate Justices Hugo Black · William O. Douglas John M. Harlan II · William J. Brennan Jr. Potter Stewart · Byron White Abe Fortas · Thurgood Marshall
Case opinions
Majority	Fortas, joined by Warren, Douglas, Brennan, White, Marshall
Concurrence	Stewart
Concurrence	White
Dissent	Black
Dissent	Harlan
Laws applied
U.S. Const. amends. I, XIV; 42 U.S.C. § 1983

Wikisource has original text related to this article:

Tinker v. Des Moines Independent Community School District

Tinker v. Des Moines Independent Community School District, 393 U.S. 503 (1969), was a landmark decision by the United States Supreme Court that recognized the First Amendment rights of students in U.S. public schools. The Tinker test, also known as the "substantial disruption" test, is still used by courts today to determine whether a school's interest to prevent disruption infringes upon students' First Amendment rights. The Court famously opined, "It can hardly be argued that either students or teachers shed their constitutional rights to freedom of speech or expression at the schoolhouse gate."^[1][2]