2.28.2009

FACTS OF THE CASE -- Part I: Tinker vs. Des Moines School District (1969)

1. Facts of the case -- a concise statement of the facts that brought the case before the Court.

“In December 1965, a group of adults and students in Des Moines held a meeting at the Eckhardt home. The group determined to publicize their objections to the hostilities in Vietnam and their support for a truce by wearing black armbands during the holiday season and by fasting on December 16 and New Year's Eve. Petitioners and their parents had previously engaged in similar activities, and they decided to participate in the program” (bc.edu). The principals of the Des Moines school district became aware of the petitioner’s plans on wearing armbands to school and on December 14, 1965, the school adopted a policy that any students wearing an armband to school would be asked to remove it and will be suspended if refused. On December 16th, two high school students, John F. Tinker (15 years old) and Christopher Eckhardt (16 years old), and one junior high student, John’s sister, Mary Beth Tinker (13 years old) wore black armbands to school. “They were all sent home and suspended from school until they would come back without their armbands. They did not return to school until after the planned period for wearing armbands had expired – that is, until after New Year’s Day” (bc.edu). The fathers of the children sued, but the District Court ruled that the school had not violated anything on the Constitution. “The Court of Appeals agreed with the lower court, and the Tinkers appealed to the Supreme Court” (infoplease.com).

Works Cited:
http://www.bc.edu/bc_org/avp/cas/comm/free_speech/tinker.html
http://www.infoplease.com/us/supreme-court/cases/ar39.html

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