Tinker v. Des Moines Independent Community School District (1969)
This case addressed the issue of students' free speech rights in public schools and established that students do not "shed their constitutional rights to freedom of speech or expression at the schoolhouse gate."
The case arose when three students in Des Moines, Iowa, were suspended for wearing black armbands to school to protest the Vietnam War. The school district had adopted a policy prohibiting the wearing of armbands after learning of the students' plan.
Definition: Symbolic speech refers to non-verbal expressions that convey a particular message, such as wearing armbands or burning flags.
The Supreme Court, in a 7-2 decision, ruled in favor of the students, holding that their wearing of armbands was a form of symbolic speech protected by the First Amendment.
Quote: Justice Abe Fortas wrote in the majority opinion, "It can hardly be argued that either students or teachers shed their constitutional rights to freedom of speech or expression at the schoolhouse gate."
The Court established that school officials cannot censor student expression unless they can reasonably forecast that the speech will cause a material and substantial disruption of school activities or invade the rights of others.
Highlight: Tinker v. Des Moines set a high standard for justifying the suppression of student speech, requiring schools to show that the speech would cause a substantial disruption.
This case has been influential in shaping the boundaries of student free speech rights in public schools, although subsequent cases have carved out exceptions to the Tinker standard.
Example: The Tinker standard has been applied in numerous cases involving student expression, such as Bethel School District v. Fraser (1986), which addressed lewd speech at a school assembly, and Morse v. Frederick (2007), which dealt with a banner promoting illegal drug use at a school event.