DISSENT -- Part VII: Tinker vs. Des Moines School District (1969)

7. Dissent – if the case wasn’t decided 9-0, what did the justices who ruled against the majority think about their case?

Justice Black and Justice Harlan dissented.

According to bc.edu, Justice Black had said in an interview that the Tinkers and the one childhood friend involved in wearing the black arm bands were the only ones who refused to take them off when asked out of the 18,000 students who wore them. He felt that school officials had the right to think ahead of the problems that would occur if these students wore the black arm bands and that they were the authorities that had a say in what goes. He also mentioned that just because the black arm bands didn’t shout, used profane language, or were violent in any manner, does not mean that other students will not make fun of them and problems would occur. Justice Harlan agreed with Justice Black.

Works Cited:
http://www.bc.edu/bc_org/avp/cas/comm/free_speech/tinker.html
http://www.oyez.org/cases/1960-1969/1968/1968_21/