Justice: What’s Wrong?
Boy with Red Shirt: I got suspended for wearing a t-shirt that said “war kills people and other innocent things” on it. Can the school do that?
Justice: Maybe, but maybe not. What you’re asking is a question about free speech…
Justice: The right to free speech is part of the 1st Amendment of the U.S. Constitution
Justice: It Reads: Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceable to assemble, and to petition the government for a redress of grievances
Boy with Red Shirt: So Congress can’t make laws to control what I say?
Justice: Well yes and no…
Justice: You can always say what you want…
Justice: But there may be consequences!
Justice: Sometimes the need to keep everyone safe is more important than your right to say whatever you want, whenever you want, however you want…
Justice: If you say something to cause a riot then people in which people could get hurt you may get arrested
Justice: And you won’t be able to use the right of free speech to avoid punishment.
Justice: You also have no constitutional right to insult someone, especially when you know that it could cause a fight
Justice: but if you’re not trying to start a fight, it’s ok to say something that someone might get mad about, even mad enough to fight you. This is the type of speech that the 1st Amendment was created to protect.
Boy with Red Shirt: Hey, It’s Jack
Justice: And then there are times when what you say is perfectly fine, but where you say it isn’t
Boy with Red Shirt: Hi Jack
Justice: As you can see, it’s not always clear when the government can and can’t limit our rights. Sometimes it’s confusing
Boy with Red Shirt: So how do I know if my t-shirt is protected by the 1st amendment or not?
Justice: The courts use something called the “Tinker Test.”
Justice: The Tinker test is the result of a case called Tinker vs. Des Moines. It is a famous case because it helped clear up some of the confusion. It’s also a case that shows how students like you can make a difference in our laws.
Justice: In November of 1968, The United States was involved in the Vietnam War. About 140 anti-war groups got together and held a “March on Washington” to protest the country’s involvement in the war.
Justice: Two students from Des Moines High School in Iowa, John Tinker and Christopher Eckhardt, attended the march with their parents and others from Iowa
Justice: The Iowa group later decided to continue their protest against the war by wearing black armbands for the entire month of December
Justice: John Tinker, Christopher Eckhardt, and Mary Beth Tinker also wanted to protest so they decided that they would wear armbands to school as a symbol of their beliefs.
Justice: When the principals of the city’s public schools learned that the students planned to wear armbands to school. They decided to ban wearing armbands.
Principal Rowley: “We have to. Many students have family fighting in Vietnam. They might get upset, even start fights. We just can’t have that!”
Announcer: December 15, 1965
News Anchor: “Administrators for the Des Moines School District today announced a ban on students wearing any type of armband in protest of the Vietnam conflict.”
Justice: On December 16, several students wore black armbands to school. Most of these students were not suspended because they removed their armbands when told to…
Justice: But John, Christopher, and Mary Beth did not remove their armbands. Christopher and Mary Beth were suspended, and John was told to leave school and not return until he removed the armband.
John Tinker: I won’t take my armband off! I’m sorry, but this is what I believe.
Principal Rowley: Alright then, until you decide to take off your armbands, I’m going to have to suspend all of you.
Justice: A review of the ban by the Des Moines school board resulted in a 5-2 vote upholding the ban and the suspension of students refusing to remove their armbands.
Justice: With the help of the Iowa Civil Liberties Union, John, Christopher, and Mary Beth filed a lawsuit claiming that the school district violated their first amendment right of free speech.
Justice: The case was heard in a United States District Court.
John Tinker: The war is morally wrong, and I believe it’s my responsibility to speak out when so many people are dying.
Female Judge: Thank you, Mr. Tinker. Time for your Testimony, Principal Rowley…
Principal Rowley: We encouraged students to have opinions and to express them, but this could have caused fights and disrupted classes. We have to draw the line somewhere.
Justice: The court said wearing the black armbands as a symbol of protest against the war is a form of expression protected by the first amendment right of free speech.
Justice: However the court also said that the school was right to ban the armbands in order to prevent the disturbance of school activities. It found in favor of the school.
Announcer: The students then took their case to the United States court of appeals, but the court of appeals sided with the district court.
Justice: Finally, the students appealed their case to the Supreme Court of the United States. The Supreme Court decided that…
Justice: Wearing armbands to protest the war was a form of expression. The first amendment right of free speech gives the students the right to protest in school as long as that protest doesn’t cause trouble like disrupting classes or fighting.