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Case Scenario: Tinker v. DesMoines Independent Community School District,
393 US 503 (1969)
What are the Facts of the Case?
Tinker v. Des Moines Independent Community School District was a case that argued that the
school district violated the students first amendment right to freedom of expression. The case
involved three students; John Tinker, Mary Beth Tinker, and Christopher Eckhardt all of whom
attended school in Des Moines, Iowa. The students wore black armbands to school to support
their objection to the war that was happening in Vietnam. As a result of the plan to wear
armbands, principals of Des Moines created a policy that said the armbands would not be
acceptable in schools and students who violate the policy would be suspended. By wearing the
armbands to express their objection to the Vietnam, the Tinker children and Christopher were
suspended by the principal of their schools until they returned to school without the armbands.
John, Mary Beth, and Christopher did not return to school until after the new year. The father of
the Tinker children and Christopher Eckhardt father filed a complaint with the United States
District Court stating that their children right to freedom of expression was violated by the
schools when they suspended them for wearing the armbands.
What are the Major Issues of the Case?
The major issue of the case was the concern that the Frist Amendment right to freedom of
expression was violated. The students and their parents claim were that the school denied them
their right to freedom of speech. The schools’ actions were legal according to the District Court,
however other reviews of the case had appealed the district court ruling. The District Court stated
that the school had grounds for the suspension, so that there would be no disturbance to learning.
The Court of Appeal said that public officials do not have the right to prevent students from
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expressing their views under the First Amendment.
What was the Rationale Given about the Case?
Disruption to the school and the learning of others were not displayed in the actions of the
students that decided to wear the armband to school. Tinker v. Des Moines Independent
Community School District ruling was a significant case that allowed students to right to express
their views.
What were the Holdings from the Judges?
The Judges holding from this case stated that the students’ actions were permissible under the
First Amendment right to freedom of speech and expression. Tinker v. Des Moines Independent
Community School District was a landmark case that fought for the protection of students First
Amendment right to freedom of speech and expression.
Present Your Reaction to The Case?
My reaction to this case is that the students did a very noble thing, and their actions shed light on
First Amendment rights due to students in schools. After reading the case twice I got a better
understanding of why the District Court ruled how they ruled, however after further processing
of the case I see the errors in their ruling. I am glad the Court of Appeal found that the students’
actions were protected under the First Amendment.
Case Scenario: Pickering v. Board of Education, 391 US 563 (1968)
What are the Facts of the Case?
Pickering v. Board of Education was a case that argued that the teacher First and Fourteenth
Amendment rights were violated when the Board of Education terminated him from the school.
The case involved Marvin Pickering a teacher at a school in Will County, Illinois. Marvin
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Pickering sent a letter to the newspaper expressing his disapproval of how the Board and
Superintendent handled a bond proposal for the district. The Board decided to terminate Marvin
Pickering because they said that his actions were detrimental to the schools and district operation
and administration.
What are the Major Issues of the Case?
The major issues of the case were that the Board terminated Marvin Pickering citing his actions
being detrimental to the school system and Marvin Pickering saying that his actions were
protected by the First and Fourteenth Amendment rights. The Boards action in terminating
Marvin Pickering was affirmed by the Circuit Court of Will County, on grounds that Marvin
Pickering letter was detrimental to the school system and that outweighed Marvin Pickering First
Amendment rights. The Supreme Court of Illinois sided with Marvin Pickering, overturing the
Circuit Court ruling stating that it was unconstitutional in accordance with the First and
Fourteenth Amendment rights for Marvin Pickering to be terminated for sending the letter.
What was the Rationale Given about the Case?
Marvin Pickering did not knowingly of reckless make false statements about the Board in his
letter to the newspaper. Pickering v. Board of Education case set precedent for the First
Amendment rights of public employee cases.
What were the Holdings from the Judges?
The Supreme Court of Illinois sided with Marvin Pickering, overturing the Circuit Court ruling
stating that it was unconstitutional in accordance with the First and Fourteenth Amendment
rights for Marvin Pickering to be terminated for sending the letter.
Present Your Reaction to The Case?
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As a public employee and teacher this case was interesting to read about. I would have never
known that my freedom of speech could be in jeopardy due to the type of employer I work for. I
am glad that Marvin Pickering continued to fight for his First Amendment rights, so that future
public employees’ that may come across this issue in their workplace can have a case to go off.
This case opened my eyes to how school systems think when they feel that their interest is being
sabotaged.
Case Scenario: Brown v. Board of Education, 347 US 483 (1954)
What are the Facts of the Case?
Brown v. Board of Education was a case that argued that racial segregation in schools violate the
Fourteenth Amendment. The case involved the Brown family and 12 other African American
families, filing a lawsuit against the Topeka Board of Education for segregating schools citing
that it was unconstitutional. Topeka Board of Education was in favor of segregating schools and
not mixing White and Black students together in one school.
What are the Major Issues of the Case?
The major issues of the case were that Topeka Board of Education wanted to keep the schools
segregated and the Brown family and 12 other African American families felt that it was
unconstitutional. The United States Supreme Court sided with the Brown family and 12 other
African American families stating that segregating schools violated the equal protection clause of
the Fourteenth Amendment.
What was the Rationale Given about the Case?
The equal protection clause of the Fourteenth Amendment of African American children and
White children were violated by Topeka Board of Education in segregating schools. The United
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States Supreme Court said that separating children by race deprives them of their right to equal
learning opportunities.
What were the Holdings from the Judges?
The United States Supreme Court sided with the Brown family and 12 other African American
families stating that segregating schools violated the equal protection clause of the Fourteenth
Amendment.
Present Your Reaction to The Case?
I have learned about this case over the years in my schooling. My initial reaction to the case was
joy, that those families had the courage during that time to fight for their children right to live in
a desegregated world. I am also grateful for this case because I am African American and
without this case and the ruling, I am not sure that I would of had the opportunity to have the
education that I have.
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References
Fortas, A. & Supreme Court Of The United States. (1968) U.S. Reports: Tinker v. Des Moines
School Dist., 393 U.S. 503. [Periodical] Retrieved from the Library of Congress,
https://www.loc.gov/item/usrep393503/.
Marshall, T. & Supreme Court Of The United States. (1967) U.S. Reports: Pickering v. Board of
Education, 391 U.S. 563. [Periodical] Retrieved from the Library of Congress,
https://www.loc.gov/item/usrep391563/.
Warren, E. & Supreme Court Of The United States. (1953) U.S. Reports: Brown v. Board of
Education, 347 U.S. 483. [Periodical] Retrieved from the Library of Congress,
https://www.loc.gov/item/usrep347483/.
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