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TINKER – Appellant
Versus
DES MOINES SCHOOL DIST. , (1969) – Respondent


United States Supreme Court
TINKER v. DES MOINES SCHOOL DIST., (1969)
No. 21
Argued: November 12, 1968 Decided: February 24, 1969

Petitioners, three public school pupils in Des Moines, Iowa, were suspended from school for wearing black armbands to protest the Governments 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 Boards 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.




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