Student SpeechSymbolic Speech

1969

Turbulent TimesCountry was embroiled in conflict regarding

the Vietnam War. This conflict was not approved by Congress but from a police action that escalated over time.

Many did not want to fight in this conflict with unclear war aims, and as a result, many tried to dodge the draft.

The country was divided on this war and many youth actively protested.

Essential Questions

What is Symbolic Speech?When is Symbolic Speech

Protected?How does a School Identify

“Disruptive” Speech?How Disruptive is “Disruptive”?

Facts of the CaseIn 1965, John and Mary Beth Tinker attended

public school in Des Moines, Iowa.

Tinker’s were part of group protesting the Vietnam War

To publicize their opposition to the Vietnam War, they wore black armbands to school.

Principals in the school district, created a rule that any student wearing an armband to school would be suspended unless the armband was removed.

What do you think the Tinkers (and a friend- Chris Eckhardt) did?

Tinkers finally returned to schoolTheir fathers filed a suit in the U.S. District Court

Asked for damages and an injunction to stop school officials from continuing the armband policy.

District Court Decision: School officials policy was reasonable. What were the school officials hoping to avoid?

Tinkers appealed the case to the US Court of Appeals- this ended in a tie vote. So, which decision was enforced?

Next Step

What types of symbolic speech is Protected?Does it matter that the speech was in a school?It is not clear to what extent “hate” speech is

protected.What types of expressive acts are considered

“speech”?Does what is going on the country at the time

matter(Vietnam War)Did the armbands cause a serious disturbance at the

school?Were all political symbols banned? (Iron Cross – Nazi

symbol was allowed.)

Sides of the casePlaintiff: Tinker Defense: Des MoinesStudents are entitled to

free speech too._____ Amendment protects

our right to free ________Other symbols (more

hurtful) are allowed in school

____ Amendment also protects the rights of the people

_____ Amendment offers equal protection

Must be concerned with the safety and welfare of all of the students.

School work could be disrupted.

Primary purpose of school is __________________

There could be threats of violence on school grounds

Other CasesSchenck v. United States 1919

Individuals could be punished for distributing anti- war pamphlets (which war?) Clear and present danger

Thornhill v. Alabama 1940Picketing is a form of symbolic speech

West Virginia v. Barnette 1943Freedom of expression allowed in schools

Morse v. Frederick 2007

Supreme Court ruled that the First Amendment would prevent educators to suppress speech at a school sponsored event if speech could be promoting drug use.

5-4 Decision

Chief Justice Earl Warren

VOTE- Who won?????

7-2 Decision in favor of the TinkersMajority Opinion Students keep their constitutional

right of freedom of speech while in public School

School officials must provide constitutionally valid reasons for regulating student expression

School officials must show: “material and substantial disruption” with the discipline and education of students

Wearing armbands was a “silent, passive expression of opinion”

Students do not “shed their constitutional rights to freedom of speech or expression at the schoolhouse gate.”

Dissenting (minority) Opinion

“myth to say that any person has a constitutional right to say, what he pleases, where he pleases and when he pleases.”

Armbands were a distraction taking students minds off their school work

Ruling too restrictive on school officials- limiting control over their schools

There must be recognition of authority of schools and school officials.

My SONG tune of “Blowing in the Wind”How many times must the Tinkers tryTo stand up for their rightsYes and how many ways can the district

say Armbands off or begin to fight

The answer I say is FREEDOM all the wayThe answer is free expression everyday

Why can’t the kids protest the warIt’s protected in our Bill of RightsYes and why was Vietnam such a tragic

timeWith so many unnecessary fights

The answer I say is FREEDOM all the wayThe answer is free expression everyday

How can some symbols be allowedAnd others be unfairly deniedYes and how can the school say yes to the

Nazi signAnd NO to a champion of light

The answer I say is FREEDOM all the wayThe answer is free expression everyday

Our justices vote to affirm our rightsThere was no disturbance or disorder in

schoolYes and now we are free to share our

viewsStudents thoughts can not be overruled

The answer I say is FREEDOM all the wayThe answer is free expression everyday