COURT CASES 2
Case Reviews
Tinker v. Des Moines Independent Community School District, 393 US 503 (1969)
What are the Facts of the Case?
November 12, 1968, Tinker v. Des Moines Independent Community School District
argued its points in court, but a decision wasn’t issued until February 24, 1969, by the U.S.
Supreme Court. December 1965, a group of students and parents gathered in Des Moines, Iowa
to discuss ways to protest the war in Vietnam (Hudson, n.d.). Several students to include
(Christopher Eckhardt, John Tinker, and Mary Beth Tinker) wore black armbands to school and
were suspended as part of their protest. The students did not cause a disruption to school
functions. Prior to the students wearing the black bands, school officials learned of the plan and
passed a policy prohibiting armbands. Following the suspension, parents of the students filed a
law suite for violating their First Amendment Rights.
What are the Major issues of the Case?
The major issue in this case was, if the school violated the student’s freedom of speech
and expression by wearing the black bands in protest. The school’s policy and position were by
the students wearing the armbands in protest of the war violated the new policy and could cause
mass disruption throughout school. On the other hand, the students’ primary issues were that the
school violated their First Amendment rights.
What was the Rationale Given about the Case?
The U.S. Supreme Court agreed that the rights of the students to express themselves or
their beliefs was violated by the school when they were suspended. Justice Abe Fortas stated,
“can hardly be argued that either students or teachers shed their constitutional rights to freedom
of speech or expression at the schoolhouse gates” (Hudson, n.d.). Fortes noted school officials
COURT CASES 3
selectively decided to choose only one symbol to ban, but not others that led them to indicate the
school sought to single out “the prohibition of expression of one particular opinion” (Hudson,
n.d.). The protest display held by the students was peaceful and didn’t show any evidence of
disruption and the schools new policy violated students’ rights.
What were the Holdings from the Judges?
The Supreme Court ruled in favor of the parents and student’s right to wear the armbands,
in which overruled the Eighth Circuit. The students and parents won their supreme court case
ruling 7-2 decision with the majority decisions by Justices W. Douglas, T. Marshall, W. Brennan,
E. Warren, and A. Fortas. The supreme court sided with the student’s First Amendment rights to
freedom of speech and their protest fell within their rights. Justices J. Harlan and H. Black being
the only two who provided dissenting opinions.
Present Your Reaction to The Case?
As an educational institution we can not pick and choose when to and which laws to
follow. As American citizens our right does not cease when it is convenient for an institution. I
found it questionable that institutions picked and chose who to enforce policies and laws on. The
school fueled by personal egos utilized and wasted taxpayers’ money to defend their stance. The
outcome of this case did provide a base on which we can judge the rights of our students and
human rights under the U.S, Constitution. I would suggest to any school to provide an open
mode of communication between their students and their staff, that would allow an optional way
to protest/ express themselves without causing disruption or violate school policy or laws.
Pickering v. Board of Education, 391 US 563 (1968)
What are the Facts of the Case?
COURT CASES 4
In 1968 the board of education fired Illinois educator Marvin L. Pickering for publicly
writing a letter criticizing the school board for ho they handled the taxpayer-funded revenue.
Pickering sent the letter to the local newspaper explaining why he felt the money was being
misused and how the money could be better used. The hearing held by the school board allowed
for the firing of Pickering. Pickering was cited by the board advising that he made a false
statement about the handling of the taxpayer’s money and the bond, stating the letter harmed the
integrity of everyone involved (Content team, 2019). Pickering had a disagreement about the
hearing findings as the hearing was held by the same group, he wrote the letter about.
What are the Major Issues of the Case?
A significant issue in the case is if Pickering’s’ First Amendment rights were violated.
Although the school board felt that the statements made by Pickering was false and jeopardized
the school’s reputation and maybe the whole school. There was no proof proving or disproving
that Pickering’s statements were damaging or false about the school board. Pickering was
dismissed from teaching despite Supreme Court of Illinois reversing the ruling, stating that “the
Board was not justified in dismissing the teacher from his public employment” (Content Team,
2019).
What was the Rationale Given about the Case?
The rationale behind this case is that Pickering despite him writing the letter as a public
employee, he did not lose his First Amendment right to freedom of speech. The statements in
Pickering’s letter criticized the Boards handling of the funds and was not related to anyone
whom Pickering had normal contact with. Although the board made a ruling that Pickering’s
statements were false, but the Supreme Court of Illinois found that his statements were not made
recklessly (Content Team, 2019). The courts ruling was that teachers are like others in the
COURT CASES 5
community and have a right to their opinion based on what they experienced. Pickering should
have the right to freedom of speech without fear of persecution.
What were the Holdings from the Judges?
The Supreme Court of Illinois held that Pickering’s rights to free speech cannot be
forfeited because it’s in the best interests of the school district. Found that the Illinois statue that
originally allowed for the termination of Pickering was unconstitutional under the First and
Fourteenth Amendments. Supreme Court of Illinois ruled that the teacher’s statements did not
interfere with the performance of his job duties, he is entitled to the same protections as the rest
of the public. The majority opinions came from Justices J. Harlan, P. Stewart, T. Marshall, W.
Brennan, E. Warren, and A. Fortas. The concurring Justices were H. Black and W. Douglas and,
the dissenting Justice being B. White (TheFire.org, n.d.).
Present Your Reaction to The Case?
This case has similar characteristics of Tinker v. Des Moines, the court ruled that the
teachers did not relinquish their First Amendment rights to freedom of speech due to their
employment as teachers. The only difference between the two is that in this case it wasn’t the
fact he spoke out it was more about the content and who he spoke against in his letter. The school
board felt that Pickering’s letter created a public divide between the school board and the
community it serves. I think instead of holding a meeting to fire Pickering, the school board
should’ve held a public meeting addressing the concerns of the letter and its content. Pickering
should’ve been afforded the same rights to freedom of speech as anyone else.
COURT CASES 6
Brown v. Board of Education, 347 US 483 (1954)
What are the Facts of the Case?
Brown v. Board of Education was a major case in the U.S. Supreme Court when the
belief “separate but equal”, in reference to public education was considered unconstitutional
(Chaudhry, N. et al., 2017). The court made a unanimous decision of 9-0 for the plaintiffs.
Brown v Board of Education is a combination of multiple cases that were all heard together by
the U.S. Supreme Court, that concerned the issues of segregation in public schools.
What are the Major Issues of the Case?
The major issues in all the involved cases of Brown v. Board of Education, was that the
schools violated the rights of its minority students under the equal protection law and 14th
Amendment. Students were only denied integration into the white only schools based solely on
race. A significant part of Brown v. Board was when the decision overturned the philosophy of
“separate but equal” in regard to education, which was the law of the land since the Plessy v.
Ferguson decision in 1896. Utilizing race to segregate students in the public institutions, school
districts denied minority students the access to equal education in their own communities.
What was the Rationale Given about the Case?
The reasoning behind this case is to provide the people with what the Fourteenth
Amendment stands for. Chief Justice Earl Warren wrote that the court’s ruling held that “separate
but equal” facilities are in fact unequal and should desegregate (Chaudhry, N. et al., 2017).
Courts determined whenever a state becomes committed to providing education in a public
school, it be made available to all students of all races.
What were the Holdings from the Judges?
COURT CASES 7
In a unanimous decision 9-0 the U.S. Supreme Court held that the plaintiff’s rights to
Equal Protection Clause in the Fourteenth Amendment was violated by not being afforded access
to the same facilities as the white students. Justices of the courts to lead the way in this case was
E. Warren, H. Black, S. Reed, F. Frankfurter, W. Douglas, R. Jackson, H. Burton, T. Clark, and S.
Minton.
Present Your Reaction to The Case?
Brown v. Board of Education was an important case to all minorities past and current.
The unanimous decision by the Supreme Court Justices showed change was needed within our
educational system. The term “separate but equal” did more harm than good and helped in
creating a divide among the races. I believe as a culture we tend to focus more on our differences
rather than what we have in common and the only way to defeat this mindset is to shift our
focuses. Galatians 3:28 There is neither Jew nor Greek, there is neither slave nor free, there is no
male and female, for you are all one in Christ Jesus.
COURT CASES 8
References
Chaundry, N., Everett, D., Lawal, T., Pharr, C., Savage, R. (2017). Brown v. Board of Education,
347 US 483 (1954). https://sites.gsu.edu/us-constipedia/brown-v-board-of-education-
1954/
Content Team. (2019). Pickering v. Board of Education. https://legaldictionary.net/pickering-v-
board-of-education/
Hudson, D.L. Jr. (n.d.). Tinker v. Des Moines Independent Community School District (1969).
THE FIRST AMENDMENT ENCYCLOPEDIA. https://mtsu.edu/first-
amendment/article/694/tinker-v-des-moines-independent-community-school-district
Justia. (2022). Pickering v. Board of Education, 391 U.S. 563 (1968).
https://supreme.justia.com/cases/federal/us/391/563/
Smith, S. (2022). Openbible.info. Differences. https://www.openbible.info/topics/differences
TheFire.org. (n.d.). Pickering v. Board of Education of Township High School District 205, Will
County, 391 U.S. 563 (1968). http://www.thefire.org/first-amendment-
library/decision/pickering-v-board-of-education-of-township-high-school-district-205-
will-county
TheFire.org. (n.d.). TINKER et al. V. DES MOINES INDEPENDENT COMMUNITY SCHOOL
DISTRICT et al., 393 U.S. 503 (1969). https://www.thefire.org/first-amendment-
library/decision/tinker-et-al-v-des-moinesindependent-community-school-district-et-al/
Powered by TCPDF (www.tcpdf.org)
