What was the Supreme Court case Tinker v Des Moines about?

Tinker was a First Amendment case challenging the school district's right to make policies restricting students' and teachers' expression of free speech in school. The Court held the Fourteenth Amendment made the First Amendment applicable to the states, and determined students had a right to express their opinions in a non-disruptive manner. The 7-2 vote favored the Petitioner, Tinker Explanation Tinker v.

Des Moines involved three students who were suspended from school for wearing black armband as a passive protest against the United States' involvement in Viet Nam. The students weren't disruptive, and their behavior didn't interfere with the school's educational mission or interfere with other people's rights. They were punished simply because the school disapproved of their expression of opinion.(Oddly, the same school permitted students to wear jewelry displaying Nazi symbols.) The Court held that First Amendment protection adhered in school because the Fourteenth Amendment selectively applied the Bill of Rights to the states, and were not abandoned in the school environment First Amendment rights, applied in light of the special characteristics of the school environment, are available to teachers and students.

It can hardly be argued that either students or teachers shed their constitutional rights to freedom of speech or expression at the schoolhouse gate The Supreme Court supported students' right to the expression of opinion, even controversial opinion, in the school environment, but did not abrogate the school's right to maintain appropriate order and discipline On the other hand, the Court has repeatedly emphasized the need for affirming the comprehensive authority of the States and of school officials, consistent with fundamental constitutional safeguards, to prescribe and control conduct in the schools. See Epperson v. Arkansas supra at 104 Meyer v.

Nebraska supra at 402. Our problem lies in the area where students in the exercise of First Amendment rights collide with the rules of the school authorities and The school officials banned and sought to punish petitioners for a silent, passive expression of opinion, unaccompanied by any disorder or disturbance on the part of petitioners. There is here no evidence whatever of petitioners' interference, actual or nascent, with the schools' work or of collision with the rights of other students to be secure and to be let alone.

Accordingly, this case does not concern speech or action that intrudes upon the work of the schools or the rights of other students Tinker affirmed the right of students to express their opinions and admonishes, "state-operated schools may not be enclaves of totalitarianism. " Schools cannot prevent students from exercising their First Amendment rights simply because they want to avoid the discomfort and unpleasantness that always accompany an unpopular viewpoint The US Supreme Court voted 7-2 in favor of the students (Tinker), holding the students' political expression was protected by the First Amendment, and did not constitute a disruption or threat to the school environment Case Citation: Tinker v. Des Moines 393 US 503 (1969).

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