TINKER V. DES MOINES
Year: 1969
Result: 7:2, favor Tinker
Related Constitutional issue/amendment: 1st amendment (freedom of speech); 14th amendment (due process)
Civil Rights or Civil Liberties: Liberties
Significance/Precedent: Students don't lose all rights when in public schools, but schools may limit them in accordance with the "Tinker Test." Public schools' rules mustn't punish students if the students' actions didn't disturb the school's environment/objectives and caused no distraction.
Quote from majority opinion: "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....They neither interrupted school activities nor sought to intrude in the school affairs or the lives of others. They caused discussion outside of the classrooms, but no interference with work and no disorder. In the circumstances, our Constitution does not permit officials of the State to deny their form of expression."
6-word summary: peaceful symbolic speech doesn't disturb school
Result: 7:2, favor Tinker
Related Constitutional issue/amendment: 1st amendment (freedom of speech); 14th amendment (due process)
Civil Rights or Civil Liberties: Liberties
Significance/Precedent: Students don't lose all rights when in public schools, but schools may limit them in accordance with the "Tinker Test." Public schools' rules mustn't punish students if the students' actions didn't disturb the school's environment/objectives and caused no distraction.
Quote from majority opinion: "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....They neither interrupted school activities nor sought to intrude in the school affairs or the lives of others. They caused discussion outside of the classrooms, but no interference with work and no disorder. In the circumstances, our Constitution does not permit officials of the State to deny their form of expression."
6-word summary: peaceful symbolic speech doesn't disturb school