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Case Scenario: Tinker v. DesMoines Independent Community School District, 393 US 503
(1969)
What are the Facts of The Case?
The facts of the case are as follows, a group student from the Des Moines, Iowa school
district decided to gather in December of 1965 to discuss and come up with a plan to display
their support in the Vietnam war truce. There were 5 students, Christopher Eckhardt, Mary Beth
Tinker, John Tinker, Hope Tinker and Paul Tinker. The meeting took place at Eckhardt’s home.
According to Tinker v. Des Moines Independent Community School District, 393 U.S. 503
(1969) the group of students had decided that they would wear a black armband to school and
fast from December 16th, 1965, until the new year. The school board got wind that this would be
taking place with some scholars within the district and the implemented a policy on December
14th, 1965, that would permit students from wearing armbands to school. This policy also stated
that if a student refused to remove their arm band, they will be subjected to disciplinary action
that would result in a suspension. Christopher Eckhardt and Mary Tinker Bell wore their
armbands on December 16th to school and were sent home. On the following day, John Tinker
wore his armband and was sent home as well. Hope and Paul Tinker wore their armbands to their
elementary schools as well but was not subjected to disciplinary action. Christopher, Mary, and
John were all suspended and remained out of school until after the protest period was over.
Through their parents, the students sued the school district for violations of their students’ rights
of expression and sought an injunction to prevent the school district from disciplining students.
The district courts dismissed the case and the U.S. court of appeals for the eighth circuit affirmed
the decision (Tinker v. Des Moines Independent Community School District, 393 U.S. 503
(1969)). The parents and students decided to take the court to the Supreme Court.
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What are the Major Issues of The Case?
The major issue of the case were that the school district was interfering with the students
first amendment rights while on school grounds. Another issue was that the school district
implemented a policy that was specifically geared to those 5 students and not for the student
body within the district. Also, that the disciplinary action followed no hierarchy and that the
students who violated would receive a suspension, which should be the last result in the
disciplinary matrix.
What Was the Rationale Given About the Case?
In the case, the school district had stated that reason for their policy implementation was
to prevent there from being a disruption within the school and the learning environment. The
Tinkers reasoned that wearing their armbands and fasting was within their first amendment
rights. The Tinkers also stated that the schools district policy was unjust due to lack of evidence
and solely based on suspicion.
What Were the Holdings from the Judges?
In a 7-2 decision, the Supreme Court’s majority ruled that neither students nor teachers
“shed their constitutional rights to freedom of speech or expression at the schoolhouse gate.” The
Court took the position that school officials could not prohibit only on the suspicion that the
speech might disrupt the learning environment (Facts and case summary - tinker v. Des Moines).
Present Your Reaction to The Case?
After having read this case, I was truly blown away initially. I found it very odd that an
entire school district would go out of its way to stop 5 individuals from wearing an armband. At
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best I would have expected the direct schools that they attend to make an “in-house” policy. I also,
was taken by the fact that this case, which seems so minute to me had the opportunity to reach the
supreme court and set the precedent for the first amendment for students in the schoolhouse. While
listening to the oral argument, there was mention of another case, Epperson v. Arkansas, which was
focused on teachers and their first amendment right while in school. I appreciated that there was a
reference point for this case even thought this case set the precedent.
Case Scenario: Pickering v. Board of Education, 391 US 563 (1968)
What are the facts of the case?
The facts about the case are as follows, a teacher, Marvin L. Pickering was wrongfully
dismissed from his teaching position within a school. According to Pickering v. Board of
Education, 391 U.S. 563 (1968) Pickering had written a letter to a local newspaper outlet
complaining about the recently defeated school board proposal to raise school taxes. In that letter
he also mentioned the miss allocation of funds favoring athletics over academics. The letter was
published by the newspaper. The school board was not fond of the letter and determined that the
letter was “detrimental to the efficient operation and administration of the schools” and opted to
terminate Pickering (Pickering v. Board of Education, 391 U.S. 563 (1968)). Pickering then sue
the school board in circuit court, stating that his letter was protected within his first amendment
rights. Circuit court sided with the school board; he then took the case to the supreme court.
What are the major issue of the case?
The major issues of this case were that Pickering first amendment right was challenged
while being employes with the Will County school district. Pickering was also wrongfully
terminated from his teaching position because of him exercising his first amendment. The school
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board also lied about the effect of the letter written by Pickering and terminated merely on the
assumption of what could possibly happen not what truly was happening.
What was the rationale given about the case?
In this case the school board stated that their reason for Pickering’s dismissal was due to
the letter he wrote that contained falsified information about the school board. The school board
stated that Pickering’s letter was “detrimental to the efficient operation and administration of the
schools”. Pickering sued the school board due to his dismissal and the violation of his first
amendment rights. Pickering also made note that if her were not an employee to the school
board, he would have been well within his rights and the letter would’ve neem treated as any
other citizen.
What were the holdings from the judges?
Justice Thurgood Marshall wrote the 8-1 majority opinion holding that Pickering’s
dismissal violated his First Amendment rights to free speech. The Supreme Court noted that
similar speech is noy protected if it contains false statements knowingly or recklessly made.
There was no evidence that Pickering’s statements were knowingly false or reckless, Pickering v.
Board of Education 1968.
Present your reaction to the case?
Like the last case, after having read this case, I was stunned! I know that as a citizen we
have many rights but having to read how one must fight for these rights in different scenarios is
bewildering. This case in particular sort of touched home because I am currently a teacher and
wonder what could have taken place with me for all times, I have used my first amendment while
being employed with the school board. This case setting precedent not only for teachers but for
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all public employees to have free speech is major. I do wonder if this case is the reason schools
now have a union and reps to legal back employees.
Case Scenario: Brown v. Board of Education, 347 US 483 (1954)
What are the facts of the case?
The facts of the case are as follows, Brown v. Board of Education was not one single
case, but five different cases clustered under one name, Brown. Each of those five cases however
shared the same issue, that African American students were denied admittance to certain public
schools. The five cases took place in the following states: Kansas, South Carolina, Virginia,
Delaware, and Washington D.C. Each case was brought to trial court by the NAACP and was
unsuccessful due to the doctrine brought upon by Plessy v. Ferguson. Once the Supreme Court
heard of the appeal regarding Brown’s case, they brought together Brown and the other 4 cases
making “Brown et al. v. Board of Education”. In the case there was much argument about how
the precedent that had been set in 1896 by the Supreme Court should be upheld. That precedent
created the “separate but equal” doctrine. The Supreme Court held that “separate but equal”
facilities are inherently unequal and violate the protection of the Equal Protection Clause of the
fourteenth Amendment. The court reasoned that the segregation of public education on race
instilled a sense of inferiority that has hugely detrimental effect on the education and personal
growth of African American Children (Brown v. Board of Education of Topeka (1)). In the end,
the judges votes unanimously that segregation by of children in public schools was
unconstitutional.
What are the major issue of the case?
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The major issues of this case are that students of color were not granted access to “white”
public schools challenging their fourteenth amended right. Another issue is there was already a
precedent previously implemented by the Supreme Court that was a conflict of interest to this
case. That same precedent is this reason the five cases were shut down separately.
What was the rationale given about the case?
In each individual case, the reason the courts did not rule in the plaintiff’s favor because
of Plessy v. Ferguson and their being public schools for both white and colored children. The
reason the NAACP took brown’s case to trial was because of the violation of her fourteenth
amended right and the unethical traveling for her education. In Brown et al, the reason the courts
argued that Plessy v. Ferguson was unconstitutional is because the separation was truly not equal
within the schools and education.
What were the holdings from the judges?
In a unanimous decision, the case Brown v. Board of Education ruled that separating
children in public schools on the basis of race was unconstitutional. It signaled the end of
legalized racial segregation in the schools of the United States, overruling the "separate but
equal" principle set forth in the 1896EPlessyv.EFergusonEcase (Brown v. Board of Education of
Topeka, 347 U.S. 483 (1954)).
Present your reaction to the case?
Unlike the last two case studies discussed, I was a bit familiar with this one when
reviewing. When I first leant about this case, it was when I learned about civil right and how it
was much more than Martin Luther King Jr, Rosa Parks, and Malcom X. I was students like
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Linda Brown who was a face of civil rights as well. I found it shocking that someone thought it
were ethical to deny a child of color admission to a public school within her community and
require her to attend one in a different community. I find it crazy that this case took place less
than 100 years ago and that educational rights were pretty much taken away from anyone that
was a person of color. I did however like how this case showed that laws and views can change
over time as life continues and develops. The overruling of Plessy V. Ferguson within this case
showed that there is growth, and the justice system can evolve as life evolves. But this also make
me wonder how long before Brown v. Board of Education will be overturned.
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References
Brown v. Board of Education of Topeka (1). (n.d.). Oyez. Retrieved July 8, 2023 from
http://www.oyez.org/cases/1940-1955/347us483
Brown v. Board of Education of Topeka, 347 U.S. 483 (1954). Justia Law. (n.d.-a).
https://supreme.justia.com/cases/federal/us/347/483/
Facts and case summary - tinker v. Des Moines. United States Courts. (n.d.).
https://www.uscourts.gov/educational-resources/educational-activities/facts-and-case-
summary-tinker-v-des-moines
Pickering v. Board of Education. (n.d). Oyez. Retrieved July 8, 2023, from
http://www.oyez.org/cases/1967/510
Pickering v. Board of Education, 391 U.S. 563 (1968). Justia Law. (n.d.-a).
https://supreme.justia.com/cases/federal/us/391/563/
Tinker v. Des Moines Independent Community School District, 393 U.S. 503 (1969). Justia
Law. (n.d.). https://supreme.justia.com/cases/federal/us/393/503/
Tinker v. Des Moines Independent Community School District. (n.d.). Oyez. Retrieved July 8,
2023 from https://www.oyez.org/cases/1968/21
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