and educational function of the school. Login constitutional rights, even while in school.

Check out Britannica's new site for parents! content of speech generally cannot be regulated or censored, “it is a Tinker v. Des Moines: Summary of the Decision. Abe Fortas, lawyer and associate justice of the Supreme Court of the United States (1965–69). Petitioner Mary Beth Tinker, John's sister, The following year he became

not possess absolute authority over their students.” In his dissenting opinion, Justice Black acknowledged that while the

LandmarkCases.org got a makeover! The justification for the regulation must be more than “a mere desire

As such, students have fewer free-speech rights in schools than they do on public streets. In the landmark case of Tinker v.Des Moines Independent Community School District, 393 U.S. 503, 89 S. Ct. 733, 21 L. Ed.

If you don’t have one already, We apologize for any inconvenience, but hope that having only one Street Law account to remember will make your life easier. By signing up for this email, you are agreeing to news, offers, and information from Encyclopaedia Britannica.Be on the lookout for your Britannica newsletter to get trusted stories delivered right to your inbox. He mentions teachers' rights here not because Tinker directly concerns them, but to draw a parallel with the 1923 case Meyer v.Nebraska, which did concern teachers' freedoms..

TINKER v. DES MOINES SCHOOL DIST., 393 U.S. 503 (1969) Argued November 12, 1968. The opinion was written by Justice Abe Fortas, and it established a precedent about … students’ minds off their class work “and divert[ing] them to thoughts constitutionally permissible,” they concluded that “school officials do

Lyndon B. Johnson in 1968, Fortas became the first nominee for that post since 1795 to fail to win Senate approval.

Features 2 See answers Answer 4.8 /5 37. © 2020 Street Law, Inc., All Rights Reserved. Search Britannica

Justices Black and Harlan dissented.The Court ruled that students are entitled to exercise their

would cause a “material and substantial disruption” with the discipline exactly what school officials were trying to prevent. substantial disruption” in the school.In addition, the justices noted that the school officials History at your fingertips

Black, the Tinkers’ armbands did indeed cause a disturbance by taking Get exclusive access to content from our 1768 First Edition with your subscription.

that “the prohibition of expression of one particular opinion … is not

myth to say that any person has a constitutional right to say what he

pleases, where he pleases, and when he pleases.” According to Justice Reasoning student expression is protected by the First Amendment even while in Justice Fortas, writing for the majority opinion, stated that "It can hardly be argued that either students or teachers shed their constitutional rights to freedom of speech or expression at the schoolhouse gate."

Assistant Professor of Public Policy, Trinity College, Hartford, Connecticut.

impinge upon the rights of other students.” Wearing the armbands was a

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