Tinker v. Des Moines

Tinker v. Des Moines

Year:Decided on February,24,1969

Results:7 votes Tinker, 2 votes against, in favor of Tinker.

Constitutional Issue:The freedom of speech under the 1st amendment.

Civil Rights/Liberties:Civil Liberties

Significance:It have all students the right to symbolic speech as long as it does not disrupt the learning process.

Quote from Majority Opinion:Justice Flores wrote, "School officials do not possess absolute authority over their students. Students in school as well as out of school are 'persons' under our Constitution. They are possessed of fundamental rights which the State must respect, just as they themselves must respect their obligations to the State."

Dissent:Justice Black argued that disruptive "symbolic speech" wasn't protected under the 1st amendment.He also said "I have never believed that any person has a right to give speeches or engage in demonstrations where he pleases and when he pleases."

6 Word Summary:Students given right to symbolic speech