Summary Of Black Armbands In Community Schools

TINKER v. DES MOINES INDEPENDENT COMMUNITY SCHOOL DISTRICT

393 U.S. 503 (1969) I. TYPE OF ACTION: This is a constitutional law case involving alleged violations of the First Amendment’s provisions for freedom of expression.
II. FACTS: John Tinker, his sister, Mary Beth, and fellow petitioner Christopher Eckhardt were all teenagers attending schools in Des Moines, Iowa. In December of 1965, these students and a group of adults held a meeting at the Eckhardt home and resolved to express their objections to the Vietnam War by wearing black armbands during the winter break and by fasting on select days. The students had protested other issues before in like manner by wearing armbands. Somehow, the administration of the school system learned of the students’ intentions to wear the armbands and adopted a policy prohibiting this. Under the policy, any student wearing an armband to school would be asked to remove it. If the student refused, he or she would be suspended from school. The students would be permitted to return only when the armbands were left at home. The students, aware of the policy, challenged the administration. On December 16, 1965, Mary Beth and Christopher wore black armbands to school. John wore an armband to school the next day. School

The administrative prohibition against wearing the black armbands by students seeking to express their disagreement with the war in Vietnam violated the students’ rights to freedom of expression as guaranteed by the Free Speech Clause of the First Amendment of the United States