Tinker v. Des Moines

Tinker v. Des Moines

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  • Tinker v. Des Moines ICSD
  • During the winter of 1965, a group of students including Christopher Eckhardt meat to discuss their plans of support toward a truce in the Vietnam War. These included wearing armbands and fasting. The school heard of this rule and created a rule against armbands, The students were sent home for violation.
  • When this issue was brought up the question was brought up: Does the school's rule against the armbands, a form of silent protest, violate the student's first amendment rights?  
  • In a 7-2 majority opinion, the judges declared that the rule did, and that their armbands were pure speech. In addition, the students do not lose their first amendment rights at school.
  • In the dissent, the judge wrote that the first amendment does not include the right to expressing opinion. Also, the school has the right if the students are causing disruptions.
  • Students' and childrens' rights were expanded, as they have their own first amendment rights, even on school grounds
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