Tinker v. Des Moines Independent Community School District 1969

• Author: Daniel Brannen, Richard Hanes, Elizabeth Shaw
• Pages: 205-209

Contenidos

• Whose war is it?.
• Peaceful protest.
• Free speech in school.
• Children should be seen and not heard.
• Suggestions for further reading.

Page 205

Petitioners: John P. Tinker, Mary Beth Tinker, and Christopher Eckhardt

Respondents: Des Moines Independent Community School District, et al.

Petitioners' Claim: That suspending them from school for wearing black armbands to protest the Vietnam War violated the freedom of speech.

Chief Lawyer for Petitioners: Dan L. Johnston

Chief Lawyer for Respondents: Allan A. Herrick

Justices for the Court: William J. Brennan, Jr., William O. Douglas, Abe Fortas, Thurgood Marshall, Potter Stewart, Earl Warren, Byron R. White

Justices Dissenting: Hugo Lafayette Black, John Marshall Harlan II

Date of Decision: February 24, 1969

Decision: The Supreme Court struck down the school regulation that resulted in the suspensions.

Significance: Students do not give up their freedom of speech in school.

Page 206

Whose war is it?

The Vietnam War, which lasted from 1955 until 1974, was a battle between North and South Vietnam. North Vietnam wanted to unite the country under communism. South Vietnam resisted with help from the United States. By the end of 1965, there were 180,000 American troops fighting in Vietnam.

Although the war was ten years old in 1965, there was no sign that North Vietnam would be defeated. Many Americans became opposed to the war. Some thought a civil war in Vietnam was not America's concern. They were angry to see young American die while fighting for another country. Others were generally opposed to human beings killing each other. Vietnam War protests became common in America.

Peaceful protest

In December 1965, a group of adults and school children gathered in Des Moines, Iowa. They met to discuss ways to voice their opposition to America's involvement in the Vietnam War. They eventually decided to wear black armbands with the peace symbol for the remainder of the holiday season. They also decided to fast, meaning live without eating, on December 16 and on New Year's Eve.

Mary Beth and John Tinker were suspended from school for wearing armbands protesting the Vietnam War. Reproduced by permission of the Corbis Corporation.

Page 207

The students at the meeting included sixteen-year-old Christopher Eckhardt, fifteen-year-old John P. Tinker, and thirteen-year-old Mary Beth Tinker. Christopher and John attended high schools in Des Moines, and John's sister Mary attended...