Tinker v Des Moines

Question 1

Facts of case

Answer 1

A group of 3 students decided to wear 2 inch wide black armbands for 2 weeks to mourn people who died in the Vietnam war. Students got suspended after their decision to silently protest. Their parents went to court and fought for their freedom of speech which in fact everyone has the right to.

Question 2

Holdings and rationale

Answer 2

Court decided to say that students in public schools didn’t lose their freedom of speech when they walked into school. It’s a situational case, their silent protest didn’t physically harm anyone. They cannot prevent how others will take their act of protest. Even though they are under 18 they cannot be limited to their first amendment right to freedom of speech.

Question 3

Keywords

Answer 3

In 1969, a prohibition against public school students wearing black armbands in school to protest the Vietnam War violated the students’ freedom of speech protections in the 1st Amendment.