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Tinker v. Des Moines Sch. Dist., 393 U.S. 503 (1969)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
Tinker v. Des Moines Sch. Dist., 393 U.S. 503 (1969)
Tinker v. Des Moines Independent Community School District No. 21 Argued November 12, 1968 Decided February 24, 1969 393 U.S. 503
CERTIORARI TO THE UNITED STATES COURT OF APPEALS
FOR THE EIGHTH CIRCUIT
Syllabus
Petitioners, three public school pupils in Des Moines, Iowa, were suspended from school for wearing black armbands to protest the Government’s policy in Vietnam. They sought nominal damages and an injunction against a regulation that the respondents had promulgated banning the wearing of armbands. The District Court dismissed the complaint on the ground that the regulation was within the Board’s power, despite the absence of any finding of substantial interference with the conduct of school activities. The Court of Appeals, sitting en banc, affirmed by an equally divided court.
Held:
1. In wearing armbands, the petitioners were quiet and passive. They were not disruptive, and did not impinge upon the rights of others. In these circumstances, their conduct was within the protection of the Free Speech Clause of the First Amendment and the Due Process Clause of the Fourteenth. Pp. 505-506.
2. First Amendment rights are available to teachers and students, subject to application in light of the special characteristics of the school environment. Pp. 506-507.
3. A prohibition against expression of opinion, without any evidence that the rule is necessary to avoid substantial interference with school discipline or the rights of others, is not permissible under the First and Fourteenth Amendments. Pp. 507-514.
383 F.2d 988, reversed and remanded.
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Chicago: U.S. Supreme Court, "Syllabus," Tinker v. Des Moines Sch. Dist., 393 U.S. 503 (1969) in 393 U.S. 503 393 U.S. 504. Original Sources, accessed November 24, 2024, http://originalsources.com/Document.aspx?DocID=ZUP9LT11YJJ4FKX.
MLA: U.S. Supreme Court. "Syllabus." Tinker v. Des Moines Sch. Dist., 393 U.S. 503 (1969), in 393 U.S. 503, page 393 U.S. 504. Original Sources. 24 Nov. 2024. http://originalsources.com/Document.aspx?DocID=ZUP9LT11YJJ4FKX.
Harvard: U.S. Supreme Court, 'Syllabus' in Tinker v. Des Moines Sch. Dist., 393 U.S. 503 (1969). cited in 1969, 393 U.S. 503, pp.393 U.S. 504. Original Sources, retrieved 24 November 2024, from http://originalsources.com/Document.aspx?DocID=ZUP9LT11YJJ4FKX.
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