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Tinker Vs. Des Moines was a court case held in 1965 between students and their high school. These students wore these black bands around their arms to protest the government about how they were handling the Vietnam War. This case went to the Supreme Court and the students won the case.

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Tinker v. Des Moines is a historic Supreme Court ruling from 1969 that cemented students' rights to free speech in public schools.

Mary Beth Tinker was a 13-year-old junior high school student in December 1965 when she and a group of students decided to wear black armbands to school to protest the war in Vietnam. The school board got wind of the protest and passed a preemptive ban. When Mary Beth arrived at school on Dec. 16, she was asked to remove the armband and was then suspended.

Four other students were suspended as well, including her brother John Tinker and Chris Eckhardt. The students were told they could not return to school until they agreed to remove their armbands. The students returned after the Christmas break without armbands, but in protest, they wore black clothing for the remainder of the school year - and filed a First Amendment lawsuit.

Represented by the ACLU, the students and their families embarked on a four-year court battle that culminated in the landmark Supreme Court decision. Dan Johnston, a young lawyer also from Des Moines and just out of law school, argued the case.

On Feb. 24, 1969, the court ruled 7-2 that students do not "shed their constitutional rights to freedom of speech or expression at the schoolhouse gate."

The court found that the First Amendment applied to public schools, and school officials could not censor student speech unless it disrupted the educational process. Because wearing a black armband was not disruptive, the court held that the First Amendment protected the right of students to wear them.

Learn more about Students' Free Speech Rights

The court's majority opinion, written by Justice Abe Fortas, went on to affirm the freedom that young people have under the Constitution:

In our system, state-operated schools may not be enclaves of totalitarianism. School officials do not possess absolute authority over their students. Students... are possessed of fundamental rights which the State must respect, just as they themselves must respect their obligations to the State. In our system, students may not be regarded as closed-circuit recipients of only that which the State chooses to communicate. They may not be confined to the expression of those sentiments that are officially approved. In the absence of a specific showing of constitutionally valid reasons to regulate their speech, students are entitled to freedom of expression of their views.

There are still limits on what students can do in public schools. Under the ruling, students can't violate rules that aren't targeted at expression - like attendance policies - as long as their school is applying the rules equally, regardless of whether students have broken them to protest or for other reasons. And students can't "materially disrupt" the functioning of their school, though what's considered disruptive can depend on the situation.
SINCE THEN
Tinker v. Des Moines Independent Community School District remains a frequently cited Supreme Court precedent. Thanks to the ruling, over the years the ACLU has successfully defended the right of students to wear an anti-abortion armband, a pro-LGBT T-shirt, and shirts critical of political figures.

Social media has provided even more opportunities for students to make their voices heard - although some schools have attempted to extend their power to punish students for speaking off-campus and outside school hours. While courts have differed on the constitutionality of those punishments, the ACLU has challenged such overreach.

Since the landmark decision in Tinker v. Des Moines, students have protested everything from apartheid in South Africa to a ban on dancing. Students with Black Lives Matter have inspired countless young people and adults by standing up for racial justice. And there were 2018's massive student protests that followed the shooting massacre at Marjory Stoneman Douglas High School in Parkland, Florida.

Mary Beth Tinker earned master's degrees in public health and nursing and had a long career as a nurse. She continues to educate young people about their rights, speaking frequently to student groups across the country. In 2006, as a tribute to her devotion to the rights of young people, the ACLU National Board of Directors' Youth Affairs Committee renamed its annual youth affairs award as the "Mary Beth Tinker Youth Involvement Award."
LEARN MORE Mary Beth and John Tinker Write About Their Journey to the Supreme Court - and What It Means Today Know Your Rights: Q&A on Students and Free Speech Can Schools Punish Students for Protest Walkouts? It Depends. Full Text of Supreme Court Opinion in Tinker v. Des Moines

Students' Rights at School: Six Things You Need To Know, From Dress Codes to LGBT Equality

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Tinker v. Des Moines - Landmark Supreme Court Ruling on Behalf of Student Expression

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Tinker v. Des Moines is a historic Supreme Court ruling from 1969 that cemented students' rights to free speech in public schools.Mary Beth Tinker was a 13-year-old junior high school student in December 1965 when she and a group of students decided to wear black armbands to school to protest the war in Vietnam.

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First important point that came out of the court case 

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First important point that came out of the court case 

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The Supreme Court siding with the students. This is important because without the students winning this court case, students would probably still not be able to wear what they would like going to school.

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"First Amendment rights are available to teachers and students, subject to application in light of the special characteristics of the
school environment." This gives students and teachers their rights when they walk through the doors of a school building. But before, schools could take away students and teachers basic right in the school setting.

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It has given students the ability to use their first amendment in the school setting and defines their rights in the school setting.

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Student's speech rights are more protected in the school setting. The ACLU are people who fight for students rights and they have been fighting for years so students can have these rights.

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Schools are allowed to implement dress codes in their schools, but as long as it does not go against the students rights then the school can implement a dress code. For example, boys coming to school with tank tops on, some schools might dress code that because it is revealing too much skin and not because it has something the school does not like written on there

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While the Constitution protects the rights of students at school, many school officials are unaware of students' legal protections, or simply ignore them.

When heading back to school this year, make sure to know your rights and ensure that your school treats every student fairly and equally. The ACLU has a long tradition of fighting to protect students' rights, and is always ready to speak with you on a confidential basis. If you believe that your rights have been violated, don't hesitate to contact your local ACLU affiliate.

Here are six things you need to know about your rights at school:

1. Speech rights

In the landmark Supreme Court case Tinker v. Des Moines Independent Community School District (1969), the ACLU successfully challenged a school district's decision to suspend three students for wearing armbands in protest of the Vietnam War. The court declared that students and teachers do not "shed their constitutional rights to freedom of speech or expression at the schoolhouse gate."

The First Amendment ensures that students cannot be punished for exercising free speech rights, even if school administrators don't approve of what they are saying. Unfortunately, where legal protections are weak, schools are threatening student's speech - and their privacy - by requiring them to reveal the contents of their social media accounts, cell phones, laptops, and other personal technologies. The ACLU is fighting for new state laws around the country that would provide stronger student privacy protections.

Over the years, the ACLU has successfully defended the right of students to wear an anti-abortion armband, a pro-LGBT t-shirt, and shirts critical of political figures. The ACLU has even defended the rights of high school students who wanted to protest the ACLU.

Contact the ACLU if you believe your school is trying to limit your First Amendment rights.

2. Dress codes

While schools are allowed to establish dress codes, students have a right to express themselves.

Dress codes are all too often used to target and shame girls, force students to conform to gender stereotypes and punish students who wear political and countercultural messages. Such policies can be used as cover for racial discrimination, by targeting students of color over supposed "gang" symbols or punishing students for wearing natural hairstyles and hair extensions. Dress codes can also infringe on a student's religious rights by barring rosaries, headscarves and other religious symbols.

Schools must make the case that a certain kind of dress is disruptive to school activities. They cannot use dress codes to punish girls, people of color, transgender and gender non-conforming students and free speech.

If you are told to comply with a dress code that you believe is discriminatory, contact the ACLU. Complying with the dress code will not prevent you from challenging it at a later date.

3. Immigrant rights

Schools cannot discriminate against students on the basis of race, color, national origin. Undocumented children cannot be denied their right to a free public education, but some schools continue to create exclusionary policies. Last year, the ACLU sued several school districts for requiring families to prove their immigration status in order to enroll their children in school.

Students with limited English proficiency cannot be turned away by schools, which must provide them with language instruction.

Contact the ACLU's Immigrants' Rights Project if you have observed or experienced discrimination based on immigration status or national origin in school.

4. Disability rights

Public schools are prohibited by federal law from discriminating against people with disabilities, and cannot deny them equal access to academic courses, field trips, extracurricular activities, school technology, and health services.

Sometimes, educators and administrators discriminate by refusing to make necessary medical accommodations, restricting access to educational activities and opportunities, ignoring harassment and bullying, and failing to train staff on compliance with state and federal laws.

Schools have a duty to defend students with disabilities from bullying and biased treatment, and the ACLU is working to ensure that the rights of these students are protected.

5. LGBT rights

Bullying of LGBT students can be pervasive at schools, and is all too often ignored or encouraged by the schools themselves. LGBT students have a right to be who they are and express themselves at school. Students have a right to be out of the closet at school, and schools cannot skirt their responsibility to create a safe learning environment and address incidents of harassment.

Public schools are not allowed to threaten to "out" students to their families, overlook bullying, force students to wear clothing inconsistent with their gender identity or bar LGBT-themed clubs or attire. Transgender and gender non-conforming students often face hostile environments in which school officials refuse to refer to students by their preferred gender pronouns or provide access to appropriate bathroom and locker room facilities.

If you find that your school is undermining your rights, contact your local ACLU affiliate or the ACLU LGBT Project. Be sure to report incidents of bullying or bias to a school principal or counselor and remember to keep detailed notes of your interactions with officials and make copies of any paperwork that the school asks you to fill out.

6. Pregnancy discrimination

Since Title IX, the federal law barring sex discrimination in education, was passed in 1972, schools have been prohibited from excluding pregnant students and students with children. Yet schools often push such students to drop out by making it impossible to complete classwork, preventing them from participating in extracurricular activities, refusing to accommodate schedule adjustments, punishing them with unwarranted disciplinary actions, and pressuring them to transfer or quit school altogether.

Denying these students an education, access to school activities and reasonable accommodations violates their rights. Public schools must ensure that pregnant students have access to the same accommodations that students with temporary medical conditions are given, including the ability to make up missed classwork and learn in a safe, nonjudgmental environment. Schools are also not allowed to punish students who choose to terminate a pregnancy or reveal a student's private medical information.

If you believe that your school is treating you unfairly for being pregnant, ending a pregnancy, or having a child, contact the ACLU's Women's Rights Project.

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Student Rights at School: Six Things You Need To Know | ACLU

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While the Constitution protects the rights of students at school, many school officials are unaware of students' legal protections, or simply ignore them. When heading back to school this year, make sure to know your rights and ensure that your school treats every student fairly and equally.

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The first amendment protecting students 

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The first amendment protecting students 

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People have fought more and more for students and teachers to not have their rights stripped when they walk into a school building. But this battle lasted all the way up until the 20th century were student freedom of speech was finally guaranteed by the first amendment.

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What can students wear in today's world 

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What can students wear in today's world 

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Students can wear just about anything they want because, "The First Amendment prohibits schools from picking and choosing which views students are allowed to express. All views have to be treated equally, so long as they are not obscene or disruptive."

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Teachers still have to be careful about what they say when they are working because what they say legally, is coming from the school. The ACLU states, " What you say or communicate inside the classroom is considered speech on behalf of the school district and therefore is not entitled to First Amendment protection." So although students are allowed to express what they want, teachers on the other hand cannot.

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Do I have free speech rights as a public school teacher?

Yes, but there are many limitations, especially for a K-12 teacher. Generally, the First Amendment protects your speech if you are speaking as a private citizen on a matter of public concern. However, if you are speaking as part of the duties of your job, your speech will not necessarily have the same protection. What you say or communicate inside the classroom is considered speech on behalf of the school district and therefore is not entitled to First Amendment protection. Certain types of speech outside the school might also not be protected if the school can show that your speech created a substantial adverse impact on school functioning or that your speech was made in accordance with your job duties. We provide some examples below.
What are some examples of protected speech versus speech that can be disciplined?

Example 1: You attend an anti-war rally on the weekend. You cannot be disciplined for exercising your First Amendment right to free speech.

Example 2: You post on your Facebook wall a local newspaper article favorable to a political candidate. The First Amendment will protect you from discipline.

Example 3: You write a letter to a publication that is critical of the school board for one of its actions or ideas. A court will likely consider that protected speech because you are expressing an opinion that is a matter of public concern, like any other private individual.

Example 4: You are instructed not to discuss with students your personal opinion on political matters. In a classroom discussion on racial issues in America, you let your students know that you have recently participated in a Black Lives Matter demonstration. This "speech" may not be protected. Courts have found that teachers can be disciplined for departing from the curriculum adopted by the school district, and inserting your personal experience as a protester could be considered such a departure. This is because school districts have the authority to control course content and teaching methods. It is not as clear whether the First Amendment would protect you if you had not been specifically instructed not to share your political beliefs. Some courts have ruled that schools may not discipline teachers for sharing certain controversial words or concepts in class that are relevant to the curriculum.

Example 5: You post a "joke" on Facebook about your students being lazy. This type of speech is not protected even though you are making it in your private capacity (not part of your official duties). This speech might be considered as not addressing a matter of public concern, so the First Amendment may not protect you from being disciplined.

Example 6: You publish an online book containing explicit sexual passages. Even though this is speech in your private capacity (i.e., not part of your official duties) and may even be on a matter of public concern, a court might not consider it to be protected speech. The court would balance the school's interests and your free speech rights. It could determine that the explicit sexual content would prevent you from being an effective teacher and would have a substantial impact on school functioning. However, if you are facing discipline for expressing your views on non-school matters outside of school, there is a potential free speech problem and you may want to let the ACLU know about it.

How do I know what is protected speech inside my classroom? School districts have the authority to control course content and teaching methods. You are generally considered to speak for the school district when you are in your classroom. Therefore, your speech in the classroom does not have much First Amendment protection. This can be a murky area, however. Some courts have ruled that schools cannot discipline teachers for sharing words or concepts that are controversial as long as the school has no legitimate interest in restricting that speech and the speech is related to the curriculum. In general, you should exercise caution so as not to give the appearance that you are advocating a particular religious or political view in the classroom. Prayers and moments of silence can be prohibited in public K-12 schools based on constitutional principles barring the government from endorsing religion.

What about classroom displays? "Speech" also includes classroom decoration, posters or displays. Because schools have the authority to control what happens in the classroom, courts have allowed school districts to require teachers to remove in-class banners and displays conveying a religious message. It is likely that the school could require you to remove political signs from the classroom.

Can I wear items conveying political or religious opinions in the classroom? The Supreme Court has ruled that students can wear armbands to school as an expression of their political views and that their right to free speech can only be limited if the speech would cause "substantial and material disruption." The right of teachers to express their views in school on public matters is not so clear. The courts in Washington state have not yet looked at this issue, and courts from other states have come to different conclusions. The trend seems to be that, if the items are not disruptive, they are protected as free speech. For example, you can probably wear a necklace with a religious symbol on it. However, a court has ruled that a school may ban teachers from wearing buttons supporting a current political candidate, as this could be considered "disruptive." Courts have also upheld discipline for teachers wearing T-shirts with political messages or slogans. The same rule applies to classroom decorations or displays: it is best to avoid any appearance that you are advocating a particular religious or political view.

Is my speech to colleagues during breaks or casual conversations protected? Generally yes. But if the school can show that your speech would be harmful to your workplace functioning or is disruptive, the First Amendment may not protect you.

How do I know what is protected speech outside my school? Generally, your outside school speech that is not related to your work and is on a topic of public importance is protected by the First Amendment. However, if school officials can show that your speech could adversely affect school functions or your effectiveness as a teacher, the First Amendment may not protect you. Additionally, there are narrow categories of speech that courts have held are generally outside of First Amendment protection, such as defamation, obscenity, and "true threats." Defining these categories can be complex, and is outside the scope of this document.

Can a school discipline me for speech on social media? Yes. The law is continuing to evolve on this issue. In general, if you use social media in your private capacity to express your beliefs on a matter of public concern, you may be protected. However, if you use social media to comment about students, school or other work-related matters, or you use it to engage in what might be considered conduct impairing your functioning as a teacher, the First Amendment may not protect you. For example:

a court upheld a demotion of a teacher who posted derogatory comments about a school administrator on her blog.

a court upheld the firing of a teacher who communicated with students through MySpace inappropriately, "as if he were their peer."

a court upheld the firing of a teacher who posted sexually explicit Craigslist ads ("immoral conduct" made him unfit to teach).

Can the school demand access to my personal social media account? Under some circumstances, yes. Teachers do have some privacy protections in Washington State related to their personal online activities. A law adopted in 2013 (RCW 49.44.200) prohibits employers from obtaining your passwords. However, an employer may require access to a personal account in the course of an investigation into work-related misconduct. You should also be aware that school authorities may be able to access content that you post on social networking sites without having direct access to your personal profile. Even when you maintain a "private" page on a social networking site, it is always possible that others may repost or share your statements with third parties, including the school. The biggest problem areas in use of social media are derogatory comments about students, administrators, or co-workers (like an instance where a teacher referred to students as "future criminals"), or anything that could be seen to compromise your professionalism as a teacher. The First Amendment may not protect that type of speech.

What about speech on union issues? The National Labor Relations Board has issued some guidance and opinions over the past couple of years protecting work-related postings on social media when that speech could be deemed "concerted activity" - i.e., union organizing. See http://www.nlrb.gov/news-outreach/fact-sheets/nlrb-and-social-media This is a complex legal issue, and you should consultothers with expertise on union issues regarding that question.

CASE REFERENCES:
Garcetti v. Ceballos, 547 U.S. 410, 417 (2006)
Pickering v. Board of Educ. Of Tp. High School Dist. 205, 391 U.S. 563, 574 (1995).
Coomes v. Edmonds School District, 816 F.3d 1255, 1264 (9th Cir. 2016).
Mayer v. Monroe Cnty. Cmty. Sch. Corp., 474 F.3d 477, 478-80 (7th Cir. 2007)
Johnson v. Poway Unified Sch. Dist., 658 F.3d 954, 966 n.12 (9th Cir. 2011)
Mayer v. Monroe Cnty. Cmty. Sch. Corp., 474 F.3d 477, 479-80 (7th Cir. 2007).
In re O'Brien, 2013 WL 132508, *4-5 (N.J. Super. Ct. App. Div. Jan 11, 2013)
Rubino v. City of new York, 34 Misc.3d 1220(A) (N.Y. Sup. Ct. 2012), aff'd sub nom. Rubino v. City of New York, 106 A.D.3d 439 (N.Y. App. Div. 2013)
Craig v. Rich Township High Sch. Dist., 736 F.3d 1110, 1113 (7th Cir. 2013).
Lee v. York Cnty. Sch. Div., 484 F.3d 687, 700 (4th Cir. 2007)
Tinker v. Des Moines Idep. Comty. Sch. Dist., 393 U.S. 503 (1969).
Montle v. Westwood Heights Sch. Dist., 437 F. Supp. 2d 652, 656 (E.D. Mich. 2006)
Weingarten v. Bd. Of Educ., 591 F. Supp. 2d 511 (S.D.N.Y. 2008)
James v. Bd. Of Educ., 461 F.2d 566, 573 (2d Cir. 1972)
Richerson v. Beckon, 337 Fed. Appx. 637 (9th Cir. 2009).
Spanierman v. Hughes, 576 F. Supp. 2d 292, 313 (D. Conn. 2008).
San Diego Unified Sch. Dist. V. Comm'n on Prof'l Competence, 194 Cal. App. 4th 1454, 1458 (Cal. Ct. App. 2011).

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Free Speech Rights of Public School Teachers in Washington State

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Do I have free speech rights as a public school teacher? Yes, but there are many limitations, especially for a K-12 teacher. Generally, the First Amendment protects your speech if you are speaking as a private citizen on a matter of public concern.

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Student's speech rights are more protected in the school setting. The ACLU are people who fight for students rights and they have been fighting for years so students can have these rights. Teachers still have to be careful about what they say when they are working because what they say legally, is coming from the school. The ACLU states, " What you say or communicate inside the classroom is considered speech on behalf of the school district and therefore is not entitled to First Amendment protection." So although students are allowed to express what they want, teachers on the other hand cannot. The impact on all of this to today's schooling is pretty big because students can wear just about anything they want with anything on it. The school I went to we were allowed to wear what we would like as long as it doesn't break dress code and doesn't have any profanity on it. This probably goes for other schools as well.

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“Does the First Amendment Apply to Public Schools?” Freedom Forum Institute, www.freedomforuminstitute.org/about/faq/does-the-first-amendment-apply-to-public-schools/.

“Free Speech Rights of Public School Teachers in Washington State.” ACLU of Washington, 17 Jan. 2018, www.aclu-wa.org/docs/free-speech-rights-public-school-teachers-washington-state.

Sherwin, Galen. “5 Things Public Schools Can and Can't Do When It Comes to Dress Codes.” American Civil Liberties Union, American Civil Liberties Union, 13 Nov. 2020, www.aclu.org/blog/womens-rights/womens-rights-education/5-things-public-schools-can-and-cant-do-when-it-comes.

Tashman, Brian. “Student Rights at School: Six Things You Need To Know.” American Civil Liberties Union, American Civil Liberties Union, 12 Nov. 2020, www.aclu.org/blog/juvenile-justice/student-rights-school-six-things-you-need-know.

“Tinker v. Des Moines - Landmark Supreme Court Ruling on Behalf of Student Expression.” American Civil Liberties Union, 15 Nov. 2012, www.aclu.org/other/tinker-v-des-moines-landmark-supreme-court-ruling-behalf-student-expression.