https://padlet.com/josta099/ds8cluiad7mp7k01 tl;dr - school tried kicking kids out for wearing armbands in protest, but the Supreme Court said "not today" en-us 2021-09-23 02:24:44 UTC 2025-12-26 23:03:09 UTC hello@padlet.com https://padlet.net/icons/png/1f392.png josta099 https://padlet.com/josta099/ds8cluiad7mp7k01/wish/1761727622 Tinker v. Des Moines is a historic Supreme Court ruling from 1969 that cemented students’ rights to free speech in public schools (via ACLU)

Mary Beth Tinker and classmates wore black arm bands in protest of the Vietnam War. They were suspended from school in 1965.

They sued the school, saying their 1st Amendment rights had been violated. In 1969, the Supreme Court of the United States determined their rights had been violated. They said that because their arm bands were not "disruptive to the learning process," they could not be prohibited from wearing them.]]> 2021-09-23 02:40:49 UTC https://padlet.com/josta099/ds8cluiad7mp7k01/wish/1761727622 josta099 https://padlet.com/josta099/ds8cluiad7mp7k01/wish/1761728774 Tinker has been used a lot since it was decided. Today, courts still use the "disruption test" created in Tinker. This test says that as long as speech didn't disrupt classwork, activities, or the right of others, it is fair game.

Tinker has been used to allow students to wear nose rings and dye their hair. It's also been used to limit students' ability to swear or use sexual language in school. Sometimes it's used to expand student speech and sometimes it's used to limit student speech.]]> 2021-09-23 02:41:16 UTC https://padlet.com/josta099/ds8cluiad7mp7k01/wish/1761728774 josta099 https://padlet.com/josta099/ds8cluiad7mp7k01/wish/1761731633 2021-09-23 02:42:28 UTC https://padlet.com/josta099/ds8cluiad7mp7k01/wish/1761731633 josta099 https://padlet.com/josta099/ds8cluiad7mp7k01/wish/1761742925 2021-09-23 02:47:34 UTC https://padlet.com/josta099/ds8cluiad7mp7k01/wish/1761742925 josta099 https://padlet.com/josta099/ds8cluiad7mp7k01/wish/1761746266 This quote is from the Supreme Court decision. It important because it established that students have a right to freedom of speech in schools.]]> 2021-09-23 02:49:01 UTC https://padlet.com/josta099/ds8cluiad7mp7k01/wish/1761746266 josta099 https://padlet.com/josta099/ds8cluiad7mp7k01/wish/1761765672 The students were protesting the Vietnam War. In the winter of 1965, Senator Robert Kennedy called for a "Christmas Truce" in Vietnam. Students across the country decided to wear black to school in support of the truce. So, Tinker v. Des Moines was not an isolated event, but part of a broader resistance to the Vietnam War. ]]> 2021-09-23 02:57:55 UTC https://padlet.com/josta099/ds8cluiad7mp7k01/wish/1761765672 josta099 https://padlet.com/josta099/ds8cluiad7mp7k01/wish/1761772621 2021-09-23 03:01:19 UTC https://padlet.com/josta099/ds8cluiad7mp7k01/wish/1761772621 josta099 https://padlet.com/josta099/ds8cluiad7mp7k01/wish/1761819467 Without Tinker, schools might have been able to tell students they couldn't wear symbols to support political candidates, the youth climate strike, or even Black Lives Matter. So many cases have been decided because of Tinker that it's hard to know where we'd be without it. It's possible we'd still be waiting for a case to say students have a 1st Amendment right in school.]]> 2021-09-23 03:23:16 UTC https://padlet.com/josta099/ds8cluiad7mp7k01/wish/1761819467 josta099 https://padlet.com/josta099/ds8cluiad7mp7k01/wish/1761832509 It's interesting that Tinker is a free speech case because we often think about speech as words that are spoken. This case was actually about a silent protest! The armbands were considered symbolic speech — this distinction has been used by the court since then.]]> 2021-09-23 03:29:04 UTC https://padlet.com/josta099/ds8cluiad7mp7k01/wish/1761832509 josta099 https://padlet.com/josta099/ds8cluiad7mp7k01/wish/1761852398 One thing I noticed in the transcript was how many teachers let the Tinker kids wear their armbands, even though there had been a rule put in place that students couldn't wear them. I'm curious why those teachers did that and why other adults decided to discipline the children. Also, the principal seemed pretty reluctant to punish the kids. According to the transcript, he was following orders from "higher up."]]> 2021-09-23 03:38:36 UTC https://padlet.com/josta099/ds8cluiad7mp7k01/wish/1761852398 josta099 https://padlet.com/josta099/ds8cluiad7mp7k01/wish/1761859008 2021-09-23 03:41:46 UTC https://padlet.com/josta099/ds8cluiad7mp7k01/wish/1761859008 josta099 https://padlet.com/josta099/ds8cluiad7mp7k01/wish/1761864262 I've used the ACLU a lot in this Padlet, but it's worth noting it was ACLU lawyers who defended the Tinker kids. They have an interest in making the case sound important. I still believe it's important, but want to think about that relationship when using this source.]]> 2021-09-23 03:44:24 UTC https://padlet.com/josta099/ds8cluiad7mp7k01/wish/1761864262 josta099 https://padlet.com/josta099/ds8cluiad7mp7k01/wish/1761868920 I didn't get to watch the entire interview, but I'm curious how the Tinkers talk about their case differently now than they would have when it was happening. Their message here would be influenced by all the cases that have come since Tinker whereas an interview when the case was happening might be a more accurate representation of what they thought.]]> 2021-09-23 03:46:50 UTC https://padlet.com/josta099/ds8cluiad7mp7k01/wish/1761868920 josta099 https://padlet.com/josta099/ds8cluiad7mp7k01/wish/1761889548 Without Tinker, there might be dress code rules about wearing shirts with protest language on them that I would be expected to enforce. I'm grateful for Beth and John Tinker - the students I support in the future won't have to worry about whether or not I will punish them for wearing an armband in protest of one of the many things worth protesting in the world :)]]> 2021-09-23 03:57:54 UTC https://padlet.com/josta099/ds8cluiad7mp7k01/wish/1761889548